Mumford v. Church
New York Supreme Court
This was an action on a policy of insurance on the brig Betsey, B. Richards master, at and from New York to Petit-Goave, a French port in the island of Hispaniola, subscribed by the defendant on the 25th May, 1793, for 1000 dollars. The plaintiff declared fora total loss by capture.
Read the full summary
This was an action on a policy of insurance on the brig Betsey, B. Richards master, at and from New York to Petit-Goave, a French port in the island of Hispaniola, subscribed by the defendant on the 25th May, 1793, for 1000 dollars. The plaintiff declared fora total loss by capture. On the trial before Mr. Justice Kent, at the New York circuit in March last, the defendant’s subscription to the policy, the interest of the plaintiff, notice of the loss, and proof of loss and of interest, and an abandonment on the 12th June, 1798, were proved or admitted. A witness who had been called to prove…
1Opinion of the Court
Lansing, Ch. J.,
delivered the opinion of the court'. Under the circumstances of the case, the deposition of the captain was properly received. The examination of witnesses,.. who áre about to depart from this state, de bene esse, on a proper notice, has already received the sanction., and is established by the practice of .this court, - If the rule were now to be introduced, I should be inclined to exclude such an examination; but the court think it not material, whether an examination be taken before or after issue* joined or the declaration filed1. The necessity of this mode of ■ taking…
2Cases cited16 opinions
- Rhinelander v. Insurance Co. of PennsylvaniaSupreme Court of the United States · 1807
- Ma. In. Co. of Alexandria v. J. and Jh TuckerSupreme Court of the United States · 1806
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Oliver v. Newburyport InsuranceMassachusetts Supreme Judicial Court · 1807
- Lee v. BoardmanMassachusetts Supreme Judicial Court · 1807
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. TildenDistrict Court, S.D. New York · 1879
- Packard v. HillNew York Supreme Court · 1827
- Dutilh v. GatliffSupreme Court of Pennsylvania · 1806
- Murray v. United InsuranceNew York Supreme Court · 1801