A digested index to the reported decisions of the several courts of law in the United States Volume 2 - Brossura
Sinossi
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1816 Excerpt: ...negligence or constructive fraud as would vacate the policy. Andrews el al. v. The Marine Insurance Company, 9 Johns. Rep. 32. VI. Policy, subject of; construction of, and actions on; and of insurable interest. UNITED STATES. 1. The insurance being for parties named, and " for all and every other person or persons to whom the vessel did or might appertain,1' and containing no warranty of neutrality, covers as well belligerent as neutral property. There can be no undue concealment as to the parties interested, where the terms of the policy are so broad as to preclude the necessity either of disclosing their names, or of inserting them in the instrument. Hodgson v. The Marine Insurance Company of Alexandria, 5 Cranch, 100. 2. It is no defence" to an action of covenant on a policy of insurance, that the premium has not been paid, but is enjoined by a court of chancery. lb. 3. Policies of insurance arc generally ihe most informal instruments which arc brought into courts of justice; and there are no instruments which are more liberally construed in order to effect the real intention of the parties, if that intention can be clearly ascertained. Per Marshal, C. J. in Yeaton v. Fry, 5 Crunch, 342. 4. The warranty contained in the policy was '; warranted by the assured to be American property, and that the vessel was an American bottom, proof of which to be required in the United Stales only.'' These words respecting the proof, extend, not only to the property, but to the conduct of the vessel. The warranty of neutrality, though in terms, extended only to the property, has been, by construction, applied to the conduct of the vessel; and it is fair to consider the reservation of the right of giving proof in the United Stales, which in direct terms extends ...
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