Watson v. Delafield
New York Supreme Court
This cause was brought before this court by a writ of error, on a judgment of the supreme court. The judgment. below was given on a special verdict after a second trial.
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This cause was brought before this court by a writ of error, on a judgment of the supreme court. The judgment. below was given on a special verdict after a second trial. For the arguments of the counsel and opinion of the court on the first motion for á new trial, see 2 Caines, 224.' The facts, as found by the special verdict are fully stated in the first volume of these Reports, p. 152. The cause was argued by Hoffman and Radcliff, for the plaintiffs in error, and by Hárison and Pendleton, for the defendant in error. The course of reasoning pursued by the counsel was nearly the same as in…
1Opinion of the Court
CLINTON, Senator.
Though the letter which had been sent in the brig Friends, had passed from the hands of
*528Finkin, in Jamaica, yet, as by the accident which happened to the schooner in which he embarked, he arrived at Norfolk, in the brig which carried his letter, and must" have known of the captain’s going ashore with the letter-bag, on the 30th day of September, when he made his protest; I consider this as precisely the same in principle as if Finkin had written the letter in Hampton Roads, after he knew of the loss; for although the regulations of the post-office might have put the letter…
2Cases cited1 opinion
- Andrews v. Marine InsuranceNew York Supreme Court · 1812
3Cited by2 opinions
- Clarkson v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835