Legal Opinion

Wadsworth v. Pacific Insurance

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1829PublishedCited by 24 opinions

Error from the supreme court. The action in the supreme court was on a policy of insurance on the cargo of the brig American from Rio Grande to New-York, there to be safely landed. The policy contained the usual memorandum, warranting skins and hides,

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

The first point made on the part of the defendant is that the policy did not cover the hides on the deck of the lighter. It is a general principle that a policy does not cover goods laden upon the deck of a vessel, unless there be a special provision in the policy to that effect ; it not being in the usual course of trade, a jettison of goods thus carried cannot be brought into an adjustment of general average. But that principle has no application to this case. The underwriter is bound to know the general course of trade in relation to…

2Cases cited1 opinion

  1. Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813

3Cited by24 opinions

  1. Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
  2. Chadsey v. . GuionNew York Court of Appeals · 1884
  3. Pearse v. Quebec Steam-Ship Co.District Court, S.D. New York · 1885
  4. Hotchkiss v. Commercial Mutual InsuranceThe Superior Court of New York City · 1863
  5. Carr v. . Security Insurance Co.New York Court of Appeals · 1888

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