Atkinson v. Great Western Insurance
New York Court of Common Pleas
The action was tried before Judge Van Brunt and a jury. The court directed a verdict for the plaintiffs for $19,361 51, ordering the exceptions to be heard in the first instance at General Term, judgment in the mean time to be suspended.
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The action was tried before Judge Van Brunt and a jury. The court directed a verdict for the plaintiffs for $19,361 51, ordering the exceptions to be heard in the first instance at General Term, judgment in the mean time to be suspended. The action was brought to recover for the loss of ninety bales of cotton, insured by the defendants under an open policy issued to the plaintiffs in Jahuary, 1866, and which had been continued by indorsement of successive additional amounts, to a time subsequent to the insurance in question. The body of the policy insured “ B. Atkinson & Co., on account of…
1Opinion of the Court
By the Court. *
—Daly, Chief Justice.—Ainong the risks-insured against was barratry of the master and mariners, and the question presented in the case is, whether the ninety bales of cotton were lost through an act which the law would denominate barratry on the part of the master.
These ninety bales were stowed upon deck, and were jettisoned in a storm. They were a part of 202 bales covered by the policy, which, by the plaintiff’s order, were shipped from Augusta, Georgia, to Charleston, South Carolina, by railroad, thence to be shipped to Liverpool by the barque Victoria, the master giving a…
2Cases cited7 opinions
- Connecticut Mutual Life Insurance v. New York & New Haven RailroadSupreme Court of Connecticut · 1856
- Spear v. CrawfordNew York Supreme Court · 1835
- Rockingham Mutual Fire Ins. v. BosherSupreme Judicial Court of Maine · 1855
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Nicoll v. TrusteesNew York Court of Chancery · 1814
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