Hoxie v. Home Insurance
Supreme Court of Connecticut
Assumpsit on a policy of insurance on the bark Nimrod, for one year from the 1st day of May, 1860, and another like policy on her freight for the same time; alleging a total loss of the vessel by the perils of the sea on the 2d of February, 1861. The insurance on the vessel was taken by the plaintiff, in the name of T. W. Hoxie & Co., for the benefit of whom it might concern, and that on the freight by James H. Prince, for the benefit of whom it might concern, payable to T.…
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Assumpsit on a policy of insurance on the bark Nimrod, for one year from the 1st day of May, 1860, and another like policy on her freight for the same time; alleging a total loss of the vessel by the perils of the sea on the 2d of February, 1861. The insurance on the vessel was taken by the plaintiff, in the name of T. W. Hoxie & Co., for the benefit of whom it might concern, and that on the freight by James H. Prince, for the benefit of whom it might concern, payable to T. W. Hoxie & Co. in case of loss. The interest of Prince was that of owner of three-fourths of the vessel and freight, and…
1Opinion of the CourtButler, J.
1. The first point made by the defendants is, that the questions and answers specified in the deposition of Capt. Lane should have been excluded from the consideration of the jury. We are satisfied they were inadmissible, and should have been erased. But they were retained in consequence of the laches of' the defendants, and neither the plaintiff nor the court committed any error. The defendants agreed that the objection might be reserved to the argument of the case, to be then pursued by them if they saw fit to pursue it. They did not then pursue it. Doubtless they agreed to the reservation…
2Cases cited4 opinions
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Mahaiwe Bank v. DouglassSupreme Court of Connecticut · 1862
- Treat v. BarberSupreme Court of Connecticut · 1828
- Gardner v. PrestonSupreme Court of Connecticut · 1805
3Cited by51 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Novella v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1972
- Kilduff v. Adams, Inc.Supreme Court of Connecticut · 1991
- Russell v. Dean Witter Reynolds, Inc.Supreme Court of Connecticut · 1986
- Stuart v. StuartSupreme Court of Connecticut · 2010
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