Colquhoun v. New-York Firemen Insurance
New York Supreme Court
THIS was an action of assumpsit on a policy of insurance on 1,000 barrels of flour, valued at the sum insured, which was 12,766 dollars, from Petersburg to Norfolk, on hoard of crafts or vessels; and at and from Norfolk to Lisbon, on hoard the ship Debby 8/ Eliza. The policy was dated the' 8th of February, 1813, and contained a warranty, that the vessel should have a genuine British license on board; and that the cargo should he in conformity to the license.
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THIS was an action of assumpsit on a policy of insurance on 1,000 barrels of flour, valued at the sum insured, which was 12,766 dollars, from Petersburg to Norfolk, on hoard of crafts or vessels; and at and from Norfolk to Lisbon, on hoard the ship Debby 8/ Eliza. The policy was dated the' 8th of February, 1813, and contained a warranty, that the vessel should have a genuine British license on board; and that the cargo should he in conformity to the license. The cause was tried before Mr. J. Spencer, at the New-York sittings, in April, 1817. The vessel set sail on the voyage intended, on the…
1Opinion of the Court
Spencer J.
delivered the opinion of court. Whether the defence urged ought to have been set up, was a question for the consideration of the defendants only ; we are called upon to pronounce the law of the case, without regard to honorary considerations.
The objection is, that the voyage was illegal, and if it be so, there is an end of the question; for any contract founded upon an illegal voyage, partakes of the character of that voyage, and stands or falls with it.
The court do not propose, upon a ease submitted by the parties without argument, to go into much discussion. By reference to the…
2Cases cited1 opinion
- The HiramSupreme Court of the United States · 1816
3Cited by3 opinions
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Hayward v. BlakeMassachusetts Supreme Judicial Court · 1815
- Perkins v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1815