Mellen v. National Insurance
The Superior Court of New York City
This was an action upon a policy of insurance, tried before the Chief Justice on the 14th day of November, 1828. The words of the policy, which relate to the voyage and property insured, were as follows : “ C. M. Mellen and James Nesmeth, on account “ of themselves do make insurance and cause to be insured, lost or “not lost, at and from New-York to and at St. Croix, and at “ and from Tobasco, and at and from thence back to New-York,. “ $2,500 upon the freight of all kinds…
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This was an action upon a policy of insurance, tried before the Chief Justice on the 14th day of November, 1828. The words of the policy, which relate to the voyage and property insured, were as follows : “ C. M. Mellen and James Nesmeth, on account “ of themselves do make insurance and cause to be insured, lost or “not lost, at and from New-York to and at St. Croix, and at “ and from Tobasco, and at and from thence back to New-York,. “ $2,500 upon the freight of all kinds of lawful goods and mer- “ chandises laden or to be laden on bqard the good schooner, call- “ ed the Enterprise, at a…
1Opinion of the Court
Jones, C. J.,
(after stating the facts of the case.) The first general question for the court is, whether the plaintiffs have shown any insurable interest in freight to which the policy can attach. They were not the owners of the schooner, but the charterers of her. She was let to them by the agent of the owners, for the voyage on which she sailed, for the specific sum of $362 1-2 per month, for the entire use of her, payable on her return from the voyage to the port of New-York.
It is settled by the Supreme Court, in the case of Cheriot v. Barker and Reilley v. Delafield, and in the late case…
2Cases cited1 opinion
- Bird v. CaritatNew York Supreme Court · 1807
3Cited by7 opinions
- Prsdt. and Directors of Balto. Fire Ins. Co. v. LoneyCourt of Appeals of Maryland · 1862
- The MulhouseDistrict Court, S.D. Florida · 1859
- Taylor v. SumnerMassachusetts Supreme Judicial Court · 1808
- Murray v. HatchMassachusetts Supreme Judicial Court · 1810
- Huth v. New York Mutual InsuranceThe Superior Court of New York City · 1861
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