Faugier v. Hallett
New York Supreme Court
This was an action on a policy of insurance, “ at and from New York to Havana, upon French property, on all kinds of goods, &c. laden on board the brig Experience. The property was warranted by the assured, “ free from any charge, damage, or loss, in consequence of any seizure or detention, for or on account of any illicit or prohibited trade, or trade in articles contraband of war.” The sum insured was 4000 dollars.
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This was an action on a policy of insurance, “ at and from New York to Havana, upon French property, on all kinds of goods, &c. laden on board the brig Experience. The property was warranted by the assured, “ free from any charge, damage, or loss, in consequence of any seizure or detention, for or on account of any illicit or prohibited trade, or trade in articles contraband of war.” The sum insured was 4000 dollars. There was a written memorandum, at the foot of the policy, by which it was agreed, that in case of capture or loss, there should be no other proof of property but the policy. The…
1Opinion of the CourtRadcliff, J.
On the trial, the plaintiff produced the policy and the adjustment, and relied on them alone for a recovery. The defendant offered to prove, that the adjustment was made on a false, or mistaken representation of the loss on the part of the plaintiff] and that instead of a total, it was, in fact, a partial loss, amounting to 1262 dollars, besides a dozen or fifteen sword blades, the residue of the property being saved. Strong evidence to this effect was offered, and overruled in consequence of which the plaintiff recovered for a total loss.
The first question is, whether the defendant was…
2Cases cited1 opinion
- Dow v. SmithNew York Supreme Court · 1803