Huth v. New York Mutual Insurance
The Superior Court of New York City
The questions of law arising on the trial of this cause were ordered to be heard in the first instance at the General Term. The action was brought by Frederick Huth, Daniel Meinertzhagen, John E. Griming, Charles F. Huth, Henry Hath and Louis Huth against the New York Mutual Insurance Company, upon a policy of marine insurance, issued by the defendants to Nye Brothers & Co., merchants, of Canton, in China, and by them indorsed or assigned to the plaintiffs.
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The questions of law arising on the trial of this cause were ordered to be heard in the first instance at the General Term. The action was brought by Frederick Huth, Daniel Meinertzhagen, John E. Griming, Charles F. Huth, Henry Hath and Louis Huth against the New York Mutual Insurance Company, upon a policy of marine insurance, issued by the defendants to Nye Brothers & Co., merchants, of Canton, in China, and by them indorsed or assigned to the plaintiffs. Edward Gasset & Co., of Boston, in the State of Massachusetts, were the owners, in 1853, of the American bark, “Mermaid,” and, in October…
1Opinion of the CourtHoffman, J.
If the contract can at all be regarded as a Chinese contract, we are without information as to the law which would govern it in China, and must . therefore interpret and decide upon it according to our own.
The case is presented of an insurance upon freight of a vessel, to the amount, as insisted, of an absolute valuation of $15,000, when by no possibility could more than $5,206.25 have been at risk, and when in fact but $1,800 was actually at risk when the peril occurred, and the loss resulted.
The question would be a serious one, whether the principle of a wager policy would not here apply.…
2Cases cited7 opinions
- Bird v. CaritatNew York Supreme Court · 1807
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- Sansom v. BallSupreme Court of the United States · 1806
- Mellen v. National InsuranceThe Superior Court of New York City · 1829
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