Kohne v. Insurance Co. of North America
U.S. Circuit Court for the District of Pennsylvania
This was an action of trover for a policy of insurance. It was admitted on both sides, that if the agreement for insurance was perfected, and the plaintiff would have recovered upon the policy, that the want of it should produce no difficulty. The case was, that the plaintiff directed his agent to effect an insurance on goods on board the ship "Gadsden, from Newport in Rhode Island, to Port Passage in Spain.
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This was an action of trover for a policy of insurance. It was admitted on both sides, that if the agreement for insurance was perfected, and the plaintiff would have recovered upon the policy, that the want of it should produce no difficulty. The case was, that the plaintiff directed his agent to effect an insurance on goods on board the ship "Gadsden, from Newport in Rhode Island, to Port Passage in Spain. The agent, on Saturday the 12th of October, 1799, applied to the president of the company, and left with him the orders of insurance; which were, upon the cargo of the ship, at and from…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). The first objection to this action was not much relied upon by the defendant’s counsel, and there is certainly nothing in it. There is no charge of unfairness on the part of .the agent of the plaintiff; nor is it pretended that he knew of the loss on the 12th, when he waited upon the president of the insurance company. It appears that every thing was agreed upon; and although on account of the fever then in the city, he did not wait to receive the policy; yet it was immediately after he left the office filled up and signed by the president, and has been produced on the trial.…
2Cited by6 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Huggins Cracker & Candy Co. v. People's InsuranceMissouri Court of Appeals · 1890
- Rogers v. Equitable Mutual Life & Endowment Ass'nSupreme Court of Iowa · 1897
- Yousey v. Queen InsuranceNew York Supreme Court · 1914
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