Wallerstein v. . the Columbian Insurance Co.
New York Court of Appeals
This appeal is from an order made January 10,18.66, at a General Term, in the Superior Court of the. city -of New York, setting aside -a verdict for the plaintiffs : below , and awarding a new trial. The plaintiffs appealed to the Court of Appeals, January 16, 1866, assenting that in- case.of affirmance an absolute judgment be rendered against them.
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This appeal is from an order made January 10,18.66, at a General Term, in the Superior Court of the. city -of New York, setting aside -a verdict for the plaintiffs : below , and awarding a new trial. The plaintiffs appealed to the Court of Appeals, January 16, 1866, assenting that in- case.of affirmance an absolute judgment be rendered against them. The action was brought against the defendants as insurers on cargo, September 25,1863, by the plaintiffs, as the insured shippers thereof, for a total loss. It was a ¡common cargo policy, except in being confined to total loss. It was expressed…
1Opinion of the Court
Hunt, C.
The recovery was for the value of the coffee only. The insurer of the wool and the coffee is liable for a total loss of either the wool or the coffee. Each is deemed the subject of a distinct insurance under the clauses in question. (B iays v. Chesapeake Ins. Co., 7 Cranch, 418; Wadsworth v. Pacific Ins. Co., 4 Wend, 40:) There is but a single question in this case: Was there a total loss of the coffee ?
The policy was a continuous one. It insured the merchandise from ports in Europe to New York “free of p/articidar rnerage only I Under this clause, in the case of a single article, the…
2Cases cited5 opinions
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813
- Neilson v. Columbian Insurance Co.New York Supreme Court · 1805
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840
- Birdsall v. EdgertonNew York Supreme Court · 1841
3Cited by16 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
- Hart v. North British Mercantile Ins. Co.Supreme Court of Louisiana · 1935
- Chadsey v. . GuionNew York Court of Appeals · 1884
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
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