Coolidge & Oliver v. New-York Firemen Insurance
New York Supreme Court
THIS was an. action of assumpsit on a policy of insurance, on the ship Mark 8c Abigail, on a voyage from Boston to Cadiz, 1 ° J ° underwritten by the defendants. The cause was tried before v Justice Platt, at the New-York sittings, in December, i p i c i01Ve The policy was in the usual form of printed policies in the city of New York, in which the ship was valued at 8,000 lars, at four and a half per cent premium, and warranted rican property.
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THIS was an. action of assumpsit on a policy of insurance, on the ship Mark 8c Abigail, on a voyage from Boston to Cadiz, 1 ° J ° underwritten by the defendants. The cause was tried before v Justice Platt, at the New-York sittings, in December, i p i c i01Ve The policy was in the usual form of printed policies in the city of New York, in which the ship was valued at 8,000 lars, at four and a half per cent premium, and warranted rican property. The following written memorandum was joined :&emdash;“ Also warranted free from loss by the British or ° , Americans, but in case of capture or…
1Opinion of the CourtSpencer, J.
The points arising from the case, and to which the arguments of the counsel ^have been directed, are,
*3141. Upon the obligation.of the assured to have the necessary (jocuments on board, showing the national character of thé vessel, and whether there is legal proof that such documents were on board at the time of the capture. *
2. Upon construction warranty, in case capture, or detention, by the British or Americans, the usual peace sea-risk was to continue, as well during capture as after and before; and
3d. Upon the particular nature of the loss.
The warranty here is, that the ship was American…
2Cited by4 opinions
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