Bowne v. Shaw
New York Supreme Court
These were two actions on a policy of assurance on the cargo of the schooner Polly, in which verdicts were taken for the plaintiff, subject to the opinion of the court on a case made, with liberty to turn the same into a special verdict. The only question in the first cause was on the effect of the warranty against loss, “ by capture, or detention for or on account of any illicit trade, or trade in articles contraband of war.”
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These were two actions on a policy of assurance on the cargo of the schooner Polly, in which verdicts were taken for the plaintiff, subject to the opinion of the court on a case made, with liberty to turn the same into a special verdict. The only question in the first cause was on the effect of the warranty against loss, “ by capture, or detention for or on account of any illicit trade, or trade in articles contraband of war.” The facts were shortly these; the property insured, no part of which was contraband, really belonged to the plaintiff and his deceased partner, who were also owners of…
1Opinion of the Court
Lewis, Ch. J.
delivered the opinion of the court. The question between the parties of the suit against Shaw, arises upon ike warranty against loss by capture or detention for trading in articles contraband of war. The effect which Contra*614band shall have upon lawful goods when going to [*492] *the port of a belligerent, would be here a proper subject of inquiry, had the fact of the Polly’s carrying such contraband been secreted from the insurer at the time of subscribing the policy. But it is stated in the case that the circumstance was within his knowledge. It is, therefore, only necessary to…
2Cited by4 opinions
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