Catlett v. Pacific Insurance
New York Supreme Court
This was an action on a policy of insurance, brought to recover a loss upon the cargo of the brig Sphinx, insured by the defendants, on a voyage from Alexandria (Columbia) to Canton, and back. The cause was tried at the New-York circuit, in November, 1826, before the Hon. Ogden Edwards, one of the circuit judges, and a verdict taken for the plaintifls, subject to the opinion of the court, on a case to be made.
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This was an action on a policy of insurance, brought to recover a loss upon the cargo of the brig Sphinx, insured by the defendants, on a voyage from Alexandria (Columbia) to Canton, and back. The cause was tried at the New-York circuit, in November, 1826, before the Hon. Ogden Edwards, one of the circuit judges, and a verdict taken for the plaintifls, subject to the opinion of the court, on a case to be made. The declaration averred, that the vessel was American property at the time of insurance; that the cargo consisted ef $30,000 in specie, Spanish milled dollars; and that the plaintiffs…
1Opinion of the Court
By the Court,
Sutherland, J.
The most important inquiry in this case is as to the relation in which Thomas R. Keith stood to the plaintiffs on the record at the time when the insurance was effected, or the policy attached, and also when the loss occurred at the Isle of France.
If he was one of the assured, then he was a party to the contract, and should have united in the action; and upon that hypothesis, it seems also to be conceded that his interference with the property after the disaster at the Isle of France, would discharge the underwriters. (Ogden & Murray v. N. Y. Ins. Company, 10 Johns.…
2Cases cited2 opinions
- Lawrence v. Van Horne & ClarksonNew York Supreme Court · 1803
- Ludlow v. Union InsuranceSupreme Court of Pennsylvania · 1815
3Cited by14 opinions
- Bouchaud v. DiasNew York Supreme Court · 1846
- Lee v. . AdsitNew York Court of Appeals · 1867
- Harris v. Doe, on the Demise of BarnettIndiana Supreme Court · 1837
- Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
- Peck v. FarringtonNew York Supreme Court · 1832
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