3 S.C.L. 452
Supreme Court of South Carolina
Decided May 15, 1804
Supreme Court of South Carolina · decided 1804-05-15
This was an action on a policy of insurance, on the schooner Perseverance, for a voyage from Charleston to New Orleans, effected by the plaintiff, for captain Howe, as the owner of the vessel. The policy was opened in the name of Howe, who was known to be an American citizen ; but he was not, in fact, the owner. The vessel was thq property of Santa Maria & Cuesta, subjects of Spain, at the Hevana.
Decided 1804-05-15
¶1The insured was bound to disclose the circumstances of the case, that were material in computing the risk. He did not disclose every thing that he ought. He also misrepresented facts, he represented the properly as American. The policy was void from the beginning. It is immaterial whether the concealment, or misrepresentation, was the cause of the loss of the vessel, or not.
¶2New trial granted.