Davy v. Hallett
New York Supreme Court
ASSUMPSIT upon an insurance on the freight of the sloop Hannah, valued at 2000 dollars, “at and from Philadelphia to Omoa “ and Golfo Dulce, and at and from thence to Philadelphia,” at a premium of twenty-two anda half per cent. The facts as they appeared m the case made were these-nln August 1800, the vessel sailed on the voyage insured, and arrived in safety at Golfo Dulce, having earned freight to the amount of 2000 dollars.
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ASSUMPSIT upon an insurance on the freight of the sloop Hannah, valued at 2000 dollars, “at and from Philadelphia to Omoa “ and Golfo Dulce, and at and from thence to Philadelphia,” at a premium of twenty-two anda half per cent. The facts as they appeared m the case made were these-nln August 1800, the vessel sailed on the voyage insured, and arrived in safety at Golfo Dulce, having earned freight to the amount of 2000 dollars. She there took in a return cargo for Philadelphia, the freight of which was equal to two thousand dollars more, and sailed on her homeward voyage, but was, on the very…
1Opinion of the Court
Per curiam, delivered by
Kent, C. J.
This is a case of a valued policy upon freight, and the valuation becomes a very material fact in the consideration of the cause. The plaintiff was owner of vessel, cargo and freight, and had them all fully insured, and the vessel being captured after the return voyage had commenced, he duly abandoned all the subjects to their respective insurers. The insurance was for two thousand dollars in value, of freight; and if, at the time of the total loss, there was an inchoate right to a freight to the amount of the insure anee, the plaintiff must be entitled to…
2Cited by15 opinions
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1811
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