New-York Insurance v. Roulet
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The respondents filed a bill in chancery before the vice chancellor of the first circuit, in which they stated that John S. Roulet, Joseph Icard and *Gurdon S. Mumford, in No- [ *506 ] vember, 1807, shipped at New-York a cargo of coffee, sugar and logwood, on a voyage to Marseilles in France, of which cargo they were joint owners, and the invoice cost was $57,579,18 ; that the New-York Insurance Company insured $15,000 of the cargo at a premium of 7 per…
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Appeal from chancery. The respondents filed a bill in chancery before the vice chancellor of the first circuit, in which they stated that John S. Roulet, Joseph Icard and *Gurdon S. Mumford, in No- [ *506 ] vember, 1807, shipped at New-York a cargo of coffee, sugar and logwood, on a voyage to Marseilles in France, of which cargo they were joint owners, and the invoice cost was $57,579,18 ; that the New-York Insurance Company insured $15,000 of the cargo at a premium of 7 per cent. That the ship and cargo were seized in July,'1808, at Marseilles, under some decree of the emperor of France;…
1Opinion of the Court
After advisement, the following opinions were, delivered:
By the President of the Senate.
The main questions arising in this case are: 1. Is the award of the commissioners under the French treaty final and conclusive upon the rights of the parties litigant here ? 2. If not, are the defendants in error entitled to recover from the plaintiffs in error the $5000 received by the latter on the claim presented by them to the commissioners under the French .treaty ?
This case is, I think, upon both these points very clear.
1. Upon the first point, the vice chancellor was clearly right in saying, that “…
2Cases cited4 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Manro v. AlmeidaSupreme Court of the United States · 1825
- Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
- Delafield v. ColdenNew York Court of Chancery · 1828
3Cited by3 opinions
- Andrews v. SchottSupreme Court of Pennsylvania · 1848
- Home Insurance v. Western Transportation Co.The Superior Court of New York City · 1866
- Home Insurance v. Western Transportation Co.The Superior Court of New York City · 1866