Legal Opinion

Fontaine v. Phœnix Insurance

New York Supreme Court

Decided August 15, 1814PublishedCited by 15 opinions

THIS was an action on a policy of insurance on the schooner Phamix, valued at 6,000 dollars, “ at and from Nciv-YorJc to St. Bartholomew, and at and from thence back to New-Y orle, with liberty to touch and trade at Martinique.”

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THIS was an action on a policy of insurance on the schooner Phamix, valued at 6,000 dollars, “ at and from Nciv-YorJc to St. Bartholomew, and at and from thence back to New-Y orle, with liberty to touch and trade at Martinique.” The cause was tried before the Chief Justice, at the New-Yorlc sittings, in No-member, 1813. The vessel sailed from New-Yorh, the lOthltfoy, 1811, on the voyage insured, and arrived at Martinique, with a cargo of flour, rice, &c. on the 14th June following. The cargo was discharged at St. Pierre, which is an open roadsted in the island of Martinique, as soon as…

1Opinion of the CourtYates, J.

The first question presented in this cause is, whether the plaintiff; at the time of the loss, had an insurable interest in her.

By the 4th section of the act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependenoiés, and for other purposes, passed the 1st of March, 1809, the importation of any goods, wares, and merchandises whatever, from Great Britain or Ireland, or any of the colonies or dependencies of Great Britain, is prohibited; and the 6th section of the same law declares, that if any article or articles, the importation of…

2Cited by15 opinions

  1. Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale RailroadCalifornia Supreme Court · 1873
  2. Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
  3. State v. EmmertSupreme Court of Kansas · 1878
  4. The TiltonU.S. Circuit Court for the District of Massachusetts · 1830
  5. Wells, Fargo & Co. v. Pacific InsuranceCalifornia Supreme Court · 1872

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