Church v. Bedient

Court for the Trial of Impeachments and Correction of Errors

Church v. Bedient

1 Lock. Rev. Cas. 246

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 246 (Church v. Bedient) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Church v. Bedient, 1 Lock. Rev. Cas. 246 (N.Y. Super. Ct. 1799).

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Opinion

The Supreme Court held that he was so entitled immediately on the capture, although at the time of abandonment, the property had in fact been restored, the fact being unknown to the insured. On error

The Court of Errors held that the fact of restoration at the time of abandonment, though unknown, takes away the right to abandon and claim for a total loss ; and that the assured under such circumstances, is only entitled to recover according to the final event, and the judgment of the Supreme Court was unanimously reversed.

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The Supreme Court held that he was so entitled immediately on the capture, although at the time of abandonment, the property had in fact been restored, the fact being unknown to the insured. On error

The Court of Errors held that the fact of restoration at the time of abandonment, though unknown, takes away the right to abandon and claim for a total loss ; and that the assured under such circumstances, is only entitled to recover according to the final event, and the judgment of the Supreme Court was unanimously reversed.

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Bluebook (online)

1 Lock. Rev. Cas. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-bedient-nycterr-1799.