Walden v. New-York Firemen Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on the ship Suffolk, Cartwright,, master,, from Belf ast to Lisbon^. and thence to New-York.
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THIS was an action on a policy of insurance, on the ship Suffolk, Cartwright,, master,, from Belf ast to Lisbon^. and thence to New-York. The bause- was,tried.at the New-Yofk sittings, in April last, when a1 bill of exceptions was taken by the defondants- to the evidence admitted -by the -judge, and to his charge to the jui-y. • „ ' ' ‘ ' a., The Suffolk sai-léd from New-¡Or leans in September,,1810', for ^e¥asi> but on the way thither was compelled to.put. into:theHavanna, in the island of. Nuba-, for a supply of water. Whiter . ’ . , • . . , ,rr / _ 1 , m the Havanna, the master oí the ship…
1Opinion of the Court
Platt, J..deli vered the opinion of the court* This " case is presented in the form of a bill of exceptions,, and the' counsel' for thedefendants move to" set aside the verdict on the following .grounds: "viz. ' i •• 1 '• T --
I. That improper evidence was admitted.
2, That the judge.misdirected the jury*
3. That the:.verdict is against laW'.and .evidence.
The question of undue concealment in-this ,case presents hvo aspects: . '
■ ' First, in regard to secmbrihiness, which-implies a. warranty on the part of the . assured tiiat the. ship shall be in a fit- condition" for-the voyage,, with all…
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