Radcliff v. United Insurance
New York Supreme Court
THESE were actions on two policies of insurance on the brig William Tell, and her cargo, dated .6th December, 1807, “ at and from Nerv-York to St. Lucar.” On a former trial of this cause, a verdict was found for the plaintiffs, which was set aside, and a new trial granted, chiefly for the misdirection of the judge. (See 7 Johns. Rep. 38—57.) The cause was again tried, at the sittings in Nem-York, on the 21st December, 1811, before Mr. Justice Van Ness.
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THESE were actions on two policies of insurance on the brig William Tell, and her cargo, dated .6th December, 1807, “ at and from Nerv-York to St. Lucar.” On a former trial of this cause, a verdict was found for the plaintiffs, which was set aside, and a new trial granted, chiefly for the misdirection of the judge. (See 7 Johns. Rep. 38—57.) The cause was again tried, at the sittings in Nem-York, on the 21st December, 1811, before Mr. Justice Van Ness. The evidence, on the second trial, was nearly the same as that given on the first. The additional evidence consisted of an explanatory…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
The motion for a new trial is made upon two grounds; 1. That the verdict is against evidence ; and, 2. That the judge misdirected the jury.
1. The first point is'open for a free consideration, notwithstanding a new trial has been once granted in this cause. The verdict was formerly set aside for misdirection. That was the main *281ground of the opinion of the court, and the jury gave the first verdiet in pursuance of the direction of the court on a point of law, and without giving themselves any time to deliberate upon the question of fact of the…
2Cases cited1 opinion
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1802
3Cited by7 opinions
- Donaghue v. GaffySupreme Court of Connecticut · 1885
- Peine v. WeberIllinois Supreme Court · 1868
- Baxter v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1810
- Arthurton v. DalleyNew York Supreme Court · 1860
- The DeltaDistrict Court, S.D. New York · 1862
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