Griswold v. New-York Insurance
New York Supreme Court
THIS was an action on a policy of insurance dated the 3 Ah February, 1804, on the freight of the ship Culloden- ^ JO r ■> valued at 03,200, on a voyage 44 at and from New-York to Barcelona with liberty to touch at Gibraltar.”. The loss was stated in the declaration in the following manner: that the said ship, while endeavouring to sail out of the harbour of New-York, in the prosecution of her voyage, “ was assailed by tempests, and by the mere violence of “ the winds, waves…
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THIS was an action on a policy of insurance dated the 3 Ah February, 1804, on the freight of the ship Culloden- ^ JO r ■> valued at 03,200, on a voyage 44 at and from New-York to Barcelona with liberty to touch at Gibraltar.”. The loss was stated in the declaration in the following manner: that the said ship, while endeavouring to sail out of the harbour of New-York, in the prosecution of her voyage, “ was assailed by tempests, and by the mere violence of “ the winds, waves and current, was driven aground and 44 stranded on the beach or shore of Long-Island,, at or 44 near Brooklyn, and was…
1Opinion of the CourtKent, C. J.
I am of opinion that the plaintiffs might have carried on the flour without a re-inspection, and if the owners had refused to permit them, they would have been liable for the full freight for the voyage. The inspection law does not apply to the case of flour duly inspected and shipped, and relanded after the commencement of the voyage, for a temporary purpose merely. It might have been otherwise, if the voyage in question had been given up, and the flour afterwards purchased for another and distinct voyage. But as long as the voyage continues, the first inspection will be sufficient.
The…
2Cited by8 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Gloucester Ins. v. YoungerU.S. Circuit Court for the District of Massachusetts · 1855
- Blum v. The CaddoU.S. Circuit Court for the District of Louisiana · 1870
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