Hastie v. De Peyster
New York Supreme Court
THIS was an action on a policy of re-assurance, in which . v j ’ a verdict for 10⅜9 dols. 26 cts. was entered by consent, in btvor of the plaintiffs, subject to the opinion of the court on the following case. Hastie and Patrick underwrote 1000 dols. of the prim!- . r tive assurance upon the body of the brig Sally, on a voyage frona Malaga to New-TorL During its prosecution the vessel was captured, carrricd into a port in Si.
Read the full summary
THIS was an action on a policy of re-assurance, in which . v j ’ a verdict for 10⅜9 dols. 26 cts. was entered by consent, in btvor of the plaintiffs, subject to the opinion of the court on the following case. Hastie and Patrick underwrote 1000 dols. of the prim!- . r tive assurance upon the body of the brig Sally, on a voyage frona Malaga to New-TorL During its prosecution the vessel was captured, carrricd into a port in Si. Domingo, and whilst there, Warren, the assured, abandoned to the plaintiffs who refused to accept; an agreement, however, was entered into, on her arrival-at NewSfork, by…
1Opinion of the Court
Per curiam, delivered by
Kent, C. J.
Upon the first and most material question in this case, very little information can be found in the English books, as re-assurances are rendered unlawful in most cases, by the statute of the 19 G. 2. But re-assurances are valid and usual contracts in France, and from the general principles applied to them by the French writers, it appears that the contract of re-assurance is totally distinct from, and unconnected with, the primitive insurance, and that the re-assurer has nothing to contest or settle with the primitive assured. The insurer therefore, who…
2Cited by14 opinions
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Goodrich & Hick's AppealSupreme Court of Pennsylvania · 1885
- Insurance of Pennsylvania v. Park & Pollard Co.Appellate Division of the Supreme Court of the State of New York · 1920
- New York State Marine Ins. v. Protection Ins.U.S. Circuit Court for the District of Massachusetts · 1841
9 more not listed; retrieve them via the Exa API.