Steinbach v. Columbian Insurance
New York Supreme Court
This was an action on a policy of insurance, on the sbip Catharine, at and from Barcelona to Baltimore. The loss averred to be from arrest and detention by the Spanish ^government, at Barcelona, The depositions of a Mr. Benjamin M.Mumford, examined on the part of the defendants, and cross-examined by the plaintiff, were, on the trial, read by the plaintiff.
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This was an action on a policy of insurance, on the sbip Catharine, at and from Barcelona to Baltimore. The loss averred to be from arrest and detention by the Spanish ^government, at Barcelona, The depositions of a Mr. Benjamin M.Mumford, examined on the part of the defendants, and cross-examined by the plaintiff, were, on the trial, read by the plaintiff. Their contents led to establish a belief, that the voyage actually intended was direct to the Savanna, or some place in the-West Indies. They referred, however, to certain papers and documents, prepared by the deponent at Barcelona,…
1Opinion of the CourtLrviNGSTON, J.
Several objections are made to the plaintiff’s right of recovering. 1. It is alleged that the voyage contemplated while tbe Catharine was at Barcelona, was different from tbe one insured, and that therefore tbe risk never commenced. The insurance being at and from Barcelona, it may admit of doubt whether, as the loss happened there, the defendants would not be liable, although a voyage from the Havanna were in contemplation. But on this point of law we give no opinion, because it is sufficiently proved that the * vessel was destined for Baltimore. Thus have the jury found, nor could their…
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