No. 3698 Precedential Processed

Perez v. New Orleans Mutual Insurance Co.

Louisiana Supreme Court · Filed May 15, 1876 · 28 La. Ann. 682

Also decided on this docket: La. Ct. App. 4th Cir., January 12, 1970 230 So. 2d 411; La. Ct. App. 1st Cir., March 24, 1930 127 So. 31; La. Ct. App. 3d Cir., April 6, 1972 257 So. 2d 761; La. Ct. App. 1st Cir., June 30, 1953 67 So. 2d 143

Opinion text

Mor&an, J., dissenting. In all these cases I dissent from the conclusions of the majority, upon the following grounds, which I will elaborate hereafter: First — I think there was misrepresentation in effecting the insurance. Second — Concealment of facts, which, if disclosed, would have made the companies decline the risk. Third — I think the vessel was not of sufficient capacity to contain the cargo which it. is alleged was on her.