Freeman v. Atlantic Mutual Insurance
New York Supreme Court
Appeal from an order of reference. This was an action on a policy of marine insurance. The ; complaint stated the shipment and loss of the goods insured, ! amounting in value to $6,500, in thirty-seven different items, Í all shippéd within three days. The answer denied' the shipment. Í The plaintiff moved, at special term, for á reference, upon a gen- ; eral affidavit that a long account was involved.
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Appeal from an order of reference. This was an action on a policy of marine insurance. The ; complaint stated the shipment and loss of the goods insured, ! amounting in value to $6,500, in thirty-seven different items, Í all shippéd within three days. The answer denied' the shipment. Í The plaintiff moved, at special term, for á reference, upon a gen- ; eral affidavit that a long account was involved. The defendants opposed, upon an affidavit that the shipment was fraudulent. The order of reference was granted, and the defendants appealed.
1Opinion of the Court
By the Court*
—The claim of the plaintiff in this case, upon j which the motion for a reference was based, was to recover for a lot of goods alleged by him to have been put on board of the vessel which was lost. Although the quantity and value of the goods were necessarily involved, yet it can hardly be said that such a claim involved the examination of an account. An account of one party against another is a series of charges for goods sold, &c., and is not merely introduced in evidence for the purpose of estimating damages, but is the foundation of the action.
As the whole defence in this…
2Cases cited1 opinion
- Levy v. Brooklyn Fire InsuranceNew York Supreme Court · 1841
3Cited by4 opinions
- Andrus v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1889
- Druse v. HorterWisconsin Supreme Court · 1883
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
- Aronin v. Philadelphia Casualty Co.Appellate Terms of the Supreme Court of New York · 1907