Mackay v. Rhinelander
New York Supreme Court
This was an action on a-policy of insurance, made upon the brig called the Leonard, on a voyage from Boston to Surinam. The cause was tried at the last November circuit, in the city of New York, before Mr. Justice Radcliff.
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This was an action on a-policy of insurance, made upon the brig called the Leonard, on a voyage from Boston to Surinam. The cause was tried at the last November circuit, in the city of New York, before Mr. Justice Radcliff. The interest of the plaintiff, and the loss of the vessel, by capture and condemnation, were proved, and that the usual preliminary proofs had been given.(a) The insurance was effected pursuant to a written order for that purpose, dated the 9th August, 1798, and which stated the vessel as having been out “ about nine weeks.” A witness stated that it was represented, at the…
1Opinion of the Court
*Per Curiam.
The representation that the vessel was out about nine Weeks, when in fact, she had been out ten weeks and four days, was not material, as no fraud was pretended, since it appeared that a passage of tetii weeks and four days was within the usual period of a voyage from Boston to Surinam because no more presumption of loss could arise in the one case, than in the other, and the only use in stating the time, is to enable the insurer to estimate the risk. Mow whether ten weeks and four days would be within the usual time, was á fact for the jury to determine, according to the weight…
2Cited by4 opinions
- Laidlaw v. OrganSupreme Court of the United States · 1817
- MacLean v. HartAppellate Division of the Supreme Court of the State of New York · 1933
- Boardman v. New-Hampshire Mutual Fire-Ins.Superior Court of New Hampshire · 1847
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835