Gordon v. Bowne
New York Supreme Court
This was an action of assumpsit on an open policy of insurance, on the cargo of the schooner Alice, from Washington in North-Caro lina, to New-Yorlc. The declaration was of the term of Nov., 1803, and for a total loss by the perils of the sea. There was a-count for money had and received to the use of the plaintiff. Plea, non-asumpsit, and notice of a set-off.
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This was an action of assumpsit on an open policy of insurance, on the cargo of the schooner Alice, from Washington in North-Caro lina, to New-Yorlc. The declaration was of the term of Nov., 1803, and for a total loss by the perils of the sea. There was a-count for money had and received to the use of the plaintiff. Plea, non-asumpsit, and notice of a set-off. The cause was tried attheJVisw-York sittings, in April, 1806, before Mr. Justice Spencer, when the jury found a verdict for the plaintiff, subject to. the opinion of the court, on a case containing the following facts. The preliminary…
1Opinion of the Court
Ke>t, Cli. J.
delivered the opinion of the Court.
This case gives rise to two general questions. 1. Has the plaintiff showed a right to recover ? 2. If he has, is the defendant entitled to his set-off?
1. It was proved that the vessel sailed from North Ca-1-rolina for New-York, about the middle of February, 1802, and had not been beard of since, and that the pre-' ]iminary proofs were exhibited to the defendant at the expiration of one year from the sailing of the vessel.'. After the lapse of a year, there was in this case a suffi_ cient presumption of loss to justify the plaintiff to call oft…
2Cited by13 opinions
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- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Wynn v. HidayIndiana Supreme Court · 1828
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