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2 Cai. Cas. 67

Kendrick v. Delafield

New York Supreme Court

Decided May 15, 1804

New York Supreme Court · decided 1804-05-15

This was an action on an open policy, “at and from New-York “ to Curracoa,” on goods shipped on board the schooner Reindeer, and consigned, by the bills of lading, to tbe captain, who bad been, together with the crew, provided by a person to whom the vessel was chartered.

Decided 1804-05-15

Lewis, Ch. J.

¶1I concur in the opinion last given. It is immaterial who was owner in this case. For, as the fraudulent act does does not appear to have been done for the benefit of any particular person, the law will necessarily presume it has beén for the advantage of the perpetrator.

LiviNGSTON and Spencer, Justices, gave no opinion.

¶2New trial denied.

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