Andrews v. Marine Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on the schoonel Maria, from Charleston, S. C. to New- York, on account of the plaintiffs, and M. & A. Clark, the latter being also master of the vessel. The cause was tried at the New-York sittings, in June, 1811, before Mr. Justice Thompson; and a verdict taken for the plaintiffs, subject to the opinion of the court, on the following case.
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THIS was an action on a policy of insurance, on the schoonel Maria, from Charleston, S. C. to New- York, on account of the plaintiffs, and M. & A. Clark, the latter being also master of the vessel. The cause was tried at the New-York sittings, in June, 1811, before Mr. Justice Thompson; and a verdict taken for the plaintiffs, subject to the opinion of the court, on the following case. The vessel sailed on the voyage insured, the 18th of March, 1811, with a cargo of cotton and rice; and on Monday, the 26th of March, at 2 A. M. was lost on Little Egg Harbour Beach, about 90 miles from the city…
1Per curiam
There is no trace of actual fraud in this case; and it is a question of constructive fraud merely, on the ground that Captain Clark did not use due diligence in communicating intelligence of the loss to his partners in Nem-York. It does not appear that Captain Clark had directed insurance, or was apprized of any intention of the plaintiffs, to cause insurance to be made. As we cannot, therefore, perceive any interested motive in him to withhold the intelligence, the case did not seem to require that extreme diligence that would have been due, had he known that application for insurance was…
2Cited by4 opinions
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- Ruggles v. General Interest Ins.U.S. Circuit Court for the District of Massachusetts · 1825