Ruckman v. Merchants' Louisville Insurance
The Superior Court of New York City
These actions were brought for the recovery of a total loss under three separate policies, made by the defendants on account of the plaintiff, upon the schooner Margaret Hopping, her cargo, and freight, on a voyage from New York to San Francisco. There were similar actions, also, upon separate policies, against the Union Mutual Ins. Co., and against the Astor Mutual Ins Co. By consent, these were to abide the decision of the above.
Read the full summary
These actions were brought for the recovery of a total loss under three separate policies, made by the defendants on account of the plaintiff, upon the schooner Margaret Hopping, her cargo, and freight, on a voyage from New York to San Francisco. There were similar actions, also, upon separate policies, against the Union Mutual Ins. Co., and against the Astor Mutual Ins Co. By consent, these were to abide the decision of the above. The vessel was valued in all the policies at $12,000, the cargo at $6,000, and the freight at $5,000. The causes against the defendants were tried together, by…
1Opinion of the Court
By the Court.
Duer, J. delivered the opinion of the court, and after stating the material facts of the case, proceeded as follows : Whether, upon these facts, the plaintiff is entitled to recover a total loss upon the vessel, is the first and the most important of the many questions, which these cases involve, and it will be necessary for us to determine. If this question shall be decided in favor of the plaintiff, it has been contended, that his *357right to recover a total loss upon the cargo and freight, is a necessary consequence; but we think, that there are special circum-. stances that…
2Cases cited8 opinions
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
- Thurston v. LittleMassachusetts Supreme Judicial Court · 1807
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Howard v. Astor Mutual InsuranceThe Superior Court of New York City · 1859