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1 Lock. Rev. Cas. 246

Smith v. Williams

Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01

Action on a policy of insurance. The question arose whether the insured, owner of a ship on which there had been taken up on bottomry more than her value, had an insurable interest in her.

Decided 1799-07-01

B. Livingston, J.,

¶1dissented from this decision of the Supreme Court, maintaining that the insurance was void, on account of the lieu not being made known to the underwriter, as the risk wits materially varied. On error,

¶2The Court of Errors hold that the policy was void, because the insured had no insurable interest irt the ship; and the judgment of the Supreme Court was accordingly reversed.

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