Legal Opinion

Stevens v. Commercial Mutual Insurance

The Superior Court of New York City

Decided March 21, 1857PublishedCited by 1 opinion

Case upon a verdict in favor of the plaintiffs, subject to the opinion of the court at General Term, to be heard there in the first instance, with liberty to enter a non-suit if the court should be so advised, and with liberty to turn the case into a bill of exceptions. The following are the material facts of the case, as established by the evidence on the trial and not disputed:— Messrs.

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Case upon a verdict in favor of the plaintiffs, subject to the opinion of the court at General Term, to be heard there in the first instance, with liberty to enter a non-suit if the court should be so advised, and with liberty to turn the case into a bill of exceptions. The following are the material facts of the case, as established by the evidence on the trial and not disputed:— Messrs. Brett, Vose & Co. procured for the plaintiffs a policy of insurance upon time on the brig Inda, on account of whom it might concern, from the 3d of October, 1852, to the 3d of October, 1853, in the amount of…

1Opinion of the CourtBy the Court. Hoffman, J.

This case appears to me to be a clear one. There was an express warranty against using any foreign ports or places in the Gulf of Mexico. There was then an exception or qualification of that warranty by permission to use the port of Laguna for one voyage. The exception is limited to that port.

If the parties had knowledge of the Mexican port regulations when the vessel sailed, then the voyage to Laguna, with the necessity of going to another port in the Gulf, and actually passing by Sisal on the way and returning to it, was a plain infringement of the warranty. But if all the parties were…

2Cited by1 opinion

  1. Greenleaf v. St. Louis InsuranceSupreme Court of Missouri · 1865

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