Le Roy v. United Insurance
New York Supreme Court
THIS was an action on an. open policy of insurance on goods, laden on board of the American brig Minerva, at and from New-York to Amsterdam. There was a special verdict, which contained the following facts.
Read the full summary
THIS was an action on an. open policy of insurance on goods, laden on board of the American brig Minerva, at and from New-York to Amsterdam. There was a special verdict, which contained the following facts. The 7 ° e policy was dated the 7th of July, 1807, and contained , , , , , ’ , . . a memorandum at the bottom, by which the insured u warranted the property thereby insured to be American property, proof whereof, if required, to be made in New-York only; and in case of capture or detention, not to abandon in less than four months, after advice thereof, or until after condemnation;” and also…
1Opinion of the CourtThompson, J.
The objection raised by the defendants’ counsel, against a recovery as for a total loss, is, that the vessel had on board a certificate of origin from the French consul, and that the defendants were not informed of this document. It is said to have been a false paper, and the efficient cause of the condemnation.
The French consul certifies, that agreeably to the papers and documents, presented to him by William Bayard, the hides in question were purchased and exported from Montevideo, prior to the capture of that place by the English. And, according to the finding of the jury, the purchase of…
2Cases cited1 opinion
- Gahn v. BroomeNew York Supreme Court · 1799
3Cited by6 opinions
- Warren v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1870
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835
- Funke v. Orient Mutual InsuranceThe Superior Court of New York City · 1874
- Larkin Co. v. New York, Chicago & St. Louis RailroadNew York Supreme Court · 1917
- Owens v. BruceCourt of Appeals for the Fourth Circuit · 1901
1 more not listed; retrieve them via the Exa API.