Legal Opinion

New-York Insurance v. Roulet

Court for the Trial of Impeachments and Correction of Errors

Decided December 26, 1840PublishedCited by 3 opinions

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

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. Manro v. AlmeidaSupreme Court of the United States · 1825
  3. Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
  4. Delafield v. ColdenNew York Court of Chancery · 1828

3Cited by3 opinions

  1. Andrews v. SchottSupreme Court of Pennsylvania · 1848
  2. Home Insurance v. Western Transportation Co.The Superior Court of New York City · 1866
  3. Home Insurance v. Western Transportation Co.The Superior Court of New York City · 1866

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