Turner v. Burrows
New York Supreme Court
This was ail action of assumpsit, tried at the New-York circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained the common money counts. The plaintiff claimed to recover one sixth of the amount of monies received by the defendant under a policy of insurance on a brig in which they were jointly interested, the plaintiff owning one sixth and the defendant jive sixths of the vessel.
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This was ail action of assumpsit, tried at the New-York circuit in June, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The declaration contained the common money counts. The plaintiff claimed to recover one sixth of the amount of monies received by the defendant under a policy of insurance on a brig in which they were jointly interested, the plaintiff owning one sixth and the defendant jive sixths of the vessel. She was insured on a voyage from New-York to Carthagena, was lost, and the loss paid to the defendant. On the 17lh January, 1827, the defendant being the sole owner…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff had no interest in the policy of insurance effected by the defendant. It is well settled in this state that a part owner may insure his individual interest without specifying that interest; it is sufficient if he has an insurable interest to the amount in question. 1 Caines, 284. 2 id. 203. If, indeed, it clearly appears that the owner who effected insurance did it on joint account, and the language of the policy is for account of whom it may concern, or of the owners, then every person having an interest may claim the benefit of the policy, but no one…
2Cited by11 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Harvey v. . CherryNew York Court of Appeals · 1879
- Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
- American Artistic Gold Stamping Co. v. Glens Falls InsNew York Court of Common Pleas · 1892
- Burrows v. TurnerNew York Supreme Court · 1840
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