New York Firemen's Insurance v. Walden
Court for the Trial of Impeachments and Correction of Errors
This was an action on a policy of insurance, on the ship Suffolk, from Belfast to Lisbon, and thence to New York. The vessel sailed from New Orleans for Belfast, in September, 1810, but on the way thither was obliged to put into the Havanna for a supply of water.
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This was an action on a policy of insurance, on the ship Suffolk, from Belfast to Lisbon, and thence to New York. The vessel sailed from New Orleans for Belfast, in September, 1810, but on the way thither was obliged to put into the Havanna for a supply of water. While there, the master drew a bill for $800, on the plaintiffs below, which bill was not accepted or paid by them, for the reasons that they had had information from the captain that the vessel, had put into the Havanna merely for water; and the bill was unaccompanied with any account or information of repairs or supplies furnished…
1Opinion of the Court
The plaintiffs below, claimed to recover on the ground of barratry of the master ; which barratry was in fact admitted on the argument in the Supreme Court. But the insurers contended that the insured were bound to communicate the information of the previous misconduct of the captain to them; as set forth in the letters of their correspondents, &e., and that not having done so, the suppression vitiated the policy.
But the judge, at the circuit, charged the jury, that the evidence of barratry was conclusive ; and that “ the insured were not bound to communicate any of the letters, nor any of…
2Cases cited3 opinions
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- American Insurance v. DunhamNew York Supreme Court · 1834
- American Insurance v. Dunham & WadsworthCourt for the Trial of Impeachments and Correction of Errors · 1835