New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-06-15
Id W LNIELLIGE NCE
IMPORTANT INSURANCE CASE.

SUPERIOR COURT-GESsRAL TsRx-JrsR a.
now FAX ARR INSTRUCTIONS or PRINCIPALS BISnfkG
ON AGENTS AND THIRD Parties.
H. usrIshorne sppelas 90 nion Mutual iasarancs Co.
respondents
On October q, 1852, tue defendants issued common
"open policy OF marine insurance upon cargo, limited
to $3.50 t0u bearing the name OF Messrs Day Co.,
of Apalachicola Fla, who were authorized by the
policy 10 cotton and other merchandise, and
certificates therefor entering al such the policy,
m the s'e Ganuer - l. cl''omiy among HsisHaA' aeSlS
cireoiy viii Insurance companies.
On the margin Vt tie policy written IN authority to Day
Co.. 10 settle losse. when they deemed best T. d. -,
without riras % the Company LETTER OF Instructions
the Company bat with further authority ,hin ABOVE
o. Feb A. 1855 this policy increased BY $4,000 and on
October g. 1855 policy Tor the
by the Company 10 Day Co. making altogether $4,000
make out open policies for their dealers all soods
shIpped q tie tte ple, adv,,sd not generally
sTrgrr cute n. soon As tie bitter Of advice A. lass a, To-
goods advised The amount entered in
5ook the dealer charged with the cueat premium
Thu, b. that he insurer neces,ny IN iknorancs
ofhe had ou' s s Until the risk had been decided
aud The merchaute eitber landed or lost
Day Co c0Lformc % tins Prccr, and issued species Of
open policy cf,aie oou' rd "a general rrns referring % he
upon that AecordirEy tasy .s,u,d Nov.
IS ls52 Of these cehc.s to the psIEs which they
psu.i OF rhs I5h Il N0y 1855.
IL Jan and Feb iji the steamers the cotton rivers
szed with remarkable mania ior ssns burned and three
rapid suoceson well known that inceniises
and the Insurance Companies generally were badly fight
Toe defendants ordered Day Co. stop once, aud the,
Q
the Il lesriy 500
The .esmboat Alabama was burued Feb 1884, having
$500 worth Of board br Dzns % tho plaintiff snd
over belonging ot-r pss insured By Day
Co. IN On Of This the dteLdn's
~rotr "a D.y the sd Willard ins-ct0us Ia IAsns
upsi tie requested them
$1,000 rk Day c.. replied nsl thy hsd
floating policies But March d. 1891 .or defendants
abandoned ground Objection aid at having ase>r
prior IN. b II aiding b. e1e Aabsua,
Ia. p.e-. Day 60. l, they declined
oxn.le any Isl sccfuius subsequently,.
guest Day Co. had taken risks FEB J.
ls5, .AcecdE 5000 fr which tbs p1oiss
we've Boz 1. question tnst Nov -,
1853 open by Day Go. %
plaintiff Under which "a. cotton ia sat shipped, ts
l-lli: ~ So exceeded. - .
Tie paiLs sued ne Company o his Oss snd Nay II,
1851. tie con plant dlsniss-d VIII costs.
IL sppesss General Term and n, case ily arg ed
Decision Eesrfsef.
SPECIAL TEza-JuSs l4-Bst9fe } 4stes hOscsIEF.
DECISIONS.
Augustus Miles et a.. agi. Alexander Clarke.-The
objection TIA, by the defendant practising
sronsys and oosor' Of this CooIt sustained aud tae bail
REJECTED 80
Cark c. Wl-on sgt. Albert apd Sarah Lewis
Decision I'd firm drcr1e lei. with as sefs 52ecial
Term
THAI TEKn-PAkr II.-Jane H-BEFozE JUsTIcs sLosson
ACTION FoE MILLING A CHILD-tAEELkss BLAsIISG.
Florence Sullivan, Administrator, &c, agt. j. J..
Brnxn sction damages r the dratn ~
rDa who wss slrd By being s1th stone winch
ForF -uirh street between second a9d
Third ayeuus. The d-fedt wh1 onrctof under the
Cotton prpsItuslt up t t PnP-fiy covered,
az ,bs- IL rrk Tie psse -h-r- the
Vas bcsus bui- Gaze Frank Byns fJr Fgf Graham Il
lIzEp liz del