Baker v. Ludlow
New York Supreme Court
This was an action on a policy of insurance, on goods, from North Carolina to Martinique. At the foot of the policy, was the following memorandum : “ It is agreed, that salt, grain of all kinds, Indian meal, fruits, cheese, dried fish, vegetables and roots, and all other articles perishable in their own nature, are warranted by the assured, free from average, unless general.” The cargo consisted of pickled fish, peas and other articles.
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This was an action on a policy of insurance, on goods, from North Carolina to Martinique. At the foot of the policy, was the following memorandum : “ It is agreed, that salt, grain of all kinds, Indian meal, fruits, cheese, dried fish, vegetables and roots, and all other articles perishable in their own nature, are warranted by the assured, free from average, unless general.” The cargo consisted of pickled fish, peas and other articles. During the voyage, the vessel sprung a leak, and the peas, which were in bulk, became so much damaged and heated as to spoil the fish. The fish were herrings…
1Per curiam
By the terms of the memorandum, fish in general were not intended to be included ; and the expression dried fish implies that other fish were not intended; for expressio unius exclusio est alterius.(a) The subsequent words, £! all other articles perishable in their own nature,” are not applicable to the articles previously enumerated, nor can they repel the implication arising from the enumeration of them. The weight of evidence is also in favor of this construction, as being that in which the sense of the words is generally understood. We are, therefore, of opinion that the plaintiff must…
2Cited by4 opinions
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