Deidericks v. Commercial Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the cargo of the schooner Paulina, on a voyage from New-York to Falmouth, to wit, upon 150 boxes of Havanna sugar, weighing 59,499 pounds net, valued at 6,650 dollars; 5 hampers of mace, weighing 757 pounds net, valued at 5,700 dollars, and 4 tons of log-wood, valued at 250 dollars.
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THIS was an action on a policy of insurance on the cargo of the schooner Paulina, on a voyage from New-York to Falmouth, to wit, upon 150 boxes of Havanna sugar, weighing 59,499 pounds net, valued at 6,650 dollars; 5 hampers of mace, weighing 757 pounds net, valued at 5,700 dollars, and 4 tons of log-wood, valued at 250 dollars. The vessel sailed on the voyage insured, the 2d of February, 1811, and experienced such bad weather, and sustained such injury, that she was compelled, from necessity, td put into the port of Philadelphia. On a regular survey, 131 boxes of the sugar insured were found…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This case was submitted to the court upon two points: 1. Whether the plaintiff is entitled to recover as for a total loss of the sugars, without abandoning the other part of the cargo insured; and, 2. If not, then upon what principles shall the partial loss be adjusted?
The first point is entirely new with us, and does not appear ever to have been discussed and decided in the English courts. Marshall, (tit. Abandonment, s. 3. p. 600.) however, lays down the right of a partial abandonment in a case like the present. He admits the general rule that…
2Cited by3 opinions
- Louisville Marine & Fire Insurance v. BlandCourt of Appeals of Kentucky · 1839
- Merchants' Steamship Co. v. Commercial Mutual InsuranceThe Superior Court of New York City · 1885
- American S. S. Co. v. Indemnity Mut. Marine Ins.District Court, S.D. New York · 1901