Whereas, Abram Knight, Junior, of the city of New-York, has purchased of John McKnight, of the city of Albany, in the State of New-York, one hundred barrels and fifty half barrels of ale, for the sum of $7 for every barrel and $4 for every half barrel, which amounts in the whole to $900. And, whereas, said ale has been shipped by said purchaser on board the ship called the "Hindostan," now in the port of the city of New-York, bound for the port of San Francisco, in the State of California; and, whereas, said ale was sold upon the guaranty herein mentioned; now I, the said John McKnight, in consideration of the premises, and of said sum of $900, do hereby guaranty to the said purchaser that said ale is of the first quality for shipping to said port of San Francisco, that said barrels and half barrels are properly filled, and that said ale will not sour or burst the barrels containing the same, during said voyage. Witness my hand and seal, October 24th, 1850. Witness, T. D. JAMES. JOHN MCKNIGHT. [L. S.] And the said plaintiff further says, that he shipped the said barrels and half barrels of ale for San Francisco per ship "Hindostan ;" that the said ale contained in said half barrels and barrels aforesaid did sour during said voyage, and was unfit for use, and was sold by the consignee thereof at public auction; that by reason of the said ale becoming sour during the voyage, the said plaintiff has sustained damage to the amount of $1,132.45, for which sum, with interest from this date, and the costs of this action, the plaintiff demands judgment against the said defendant. WM. C. R. ENGLISH, 57 Plaintiff's Attorney. (No. 52.) On a policy of insurance against fire, the demand after proof and service of loss having been assigned to the plaintiff. SUPREME COURT-ALBANY COUNTY. William Cockroft agt. The Clinton and Essex Mutual Insurance Company. The abovenamed plaintiff complains against the above named defendants, a mutual insurance company, created and incorporated by an act of the Legislature of the State of New-York, passed May 12th, 1836, and says: That the Cohoes Company, an incorporation created under and by virtue of an act of the Legislature of said state, passed March 28, 1826, made application to become insured, as mortgagees in said insurance company, in the sum of $1,000, on a certain brick building situated in the village of Cohoes, Albany county; and that on the 24th day of October, 1849, the said defendants, for and in consideration of the sum of $30, and in consideration that the said Cohoes Company made their premium note for $150, and delivered the same to the said defendants, made, executed and delivered to the said Cohoes Company a policy of insurance, No. 4,688, duly signed by the president and secretary of said insurance company, wherein the said insurance company certified "that the said Cohoes Company have become, and by these presents are, insured in and by said company as mortgagees upon the property described as aforesaid, in the sum of $1,000, for the term of five years, commencing at noon on the said 24th day of October, 1849, and ending on the 24th day of October, 1854." The said insurance company did therefore promise to settle and pay unto the said Cohoes Company, their successors or assigns, all losses and damage, not exceeding in the aggregate the sum of $1,000, which shall or may happen to the aforesaid property, by reason of or by means of fire, during the time said policy shall remain in force. And said plaintiff further says, that since the said policy of insurance was executed and delivered to the Cohoes Company, the said brick building mentioned in said policy has been damaged by fire, which occurred on the morning of the 22d day of November, 1849, between the hours of 12 and 4 A. M., which was a loss to the said Cohoes Company to the amount of $3,000, expended in repairing and rebuilding said building, as near as the same can be estimated. And the said plaintiff further says, that due notice of said fire and proof of losses were given to said insurance company in the manner required by them, and according to the conditions of said policy, three months before the commencement of this action. And the said plaintiff further says, that since said fire, and since notice thereof was given by said Cohoes Company to said insurance company, the said Cohoes Company, for value received, did duly sell, assign and set over to the said plaintiff the said policy of insurance, and all dues and demands arising thereon, and its claim against defendants for such loss.1 1 In a complaint on a policy of insurance by an assignee of a policy, an averment that the assured "duly assigned and transferred " to the plaintiff, "all his interest" in the policy, indicates that the assignment was by a sealed instrument, and from that fact, a consideration for the assignment will be inferred. (Fowler v. The New-York Indemnity Insurance Co., 23 Barb., 143.) Whereupon the said plaintiff demands judgment against the said defendants for the sum of $1,000, and interest thereon from the 28th day of November, 1849, and the costs of this action. D. MCELWAIN, Plaintiff's Attorney. (No. 53.) On a policy of insurance of a vessel for inland navigation. SUPREME COURT-RENSSELAER COUNTY. Ebenezer L. Mallary and Benjamin H. agt. The Merchants' Insurance Company. The plaintiffs complain of the defendant, and allege: That the defendant is a corporation, duly organized and incorporated under the laws of the State of Pennsylvania, doing business at the city of Philadelphia, to wit, the business of insuring vessels and their cargoes against the adventures and perils of the seas, fires, &c. That by a certain policy of insurance, bearing date April 4th, 1857, the defendant, in consideration of the sum of $30, then paid by said plaintiffs to the defendant, did promise and agree with and did cause the plaintiffs to be insured in the sum of $1,000, lost or not lost, at and from Troy, N. Y., to New-York city, New Brunswick, N. J., and vice versa, from the date thereof until the close of navigation, on the Hudson river, with privilege to proceed to Philadelphia, via the Raritan canal; no loss under the said policy being payable unless amounting to $50 and upwards, upon the hull, tackle, furniture and apparel of the barge called the E. A. Meneely, owned by the said plaintiffs. And that in and by said policy it was agreed that the adventures and perils, which the said company should bear and take upon themselves, are the seas, fires, pirates, rovers, assailing thieves, jettisons (embezzlement and illicit trade excepted in all cases), and such other perils, losses or misfortunes that should come to the hurt, detriment or damage of the said vessel, as might be assumed by said policy and expressed therein. And the plaintiffs aver, that the loss and damage hereinafter stated is such a loss as is assumed by said policy to pay. And it was further agreed, that in case of loss, such loss should be paid by said company in sixty days after proof of loss, proof of interest and adjustment exhibited to the assurers. And the plaintiffs aver, that on the 29th day of June, 1857, on the Hudson river, about one mile north of Coeymans landing, on one of the regular passages of the said barge, E. A. Meneely, from the city of New-York to the city of Troy, a barge, in tow along side the steamer Alida, negligently on the part of said steamer, as plaintiffs are informed and believe, and without fault on the part of the said barge, E. A. Meneely, or the persons or any of them in charge of her, came in collision with the stern of the said barge, E. A. Meneely, and carried away a portion of her upper deck stanchions and rudder post, and otherwise doing serious damage, and that in consequence of said collision the plaintiffs have suffered loss and damage to the said barge, Meneely, for the repairs required to be done to her by reason of said accident, to the full amount of $263.21. That the plaintiffs have presented the bill of damage, sustained by reason of the said collision to the vessel of the plaintiffs, to the owners of the said steamer, Alida, and |