Hotchkiss v. Commercial Mutual Insurance
The Superior Court of New York City
This case came before the court on questions of law; there being at the trial no disputed facts. The defendants, by their policies of insurance, insured the plaintiff’s assignor, the sum of $2100, on 700 barrels of apples, on a voyage on the ship Ohio, from New York to Liverpool. The apples were insured as being of that value, at the rate of one and a half per cent upon such value, as the premium paid.
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This case came before the court on questions of law; there being at the trial no disputed facts. The defendants, by their policies of insurance, insured the plaintiff’s assignor, the sum of $2100, on 700 barrels of apples, on a voyage on the ship Ohio, from New York to Liverpool. The apples were insured as being of that value, at the rate of one and a half per cent upon such value, as the premium paid. The memorandum clause of the policy declares that fruits (inter alia) “are warranted by the assured free from average, unless general.” On the voyage, the ship “ was, by storms and tempests,…
1Opinion of the Court
By the Court, Bosworth, Ch. J.
The plaintiff’s proposition is that, as the cause of the loss" was a general average sacrifice, the case is taken out of the exception contained in the memorandum clause, and that he is entitled to recover the insured value of the apples jettisoned, (viz. $1428 for 476 barrels at $3 per barrel,) and also the sum of $448 for damage to the 224 barrels delivered.
The defendants’ proposition is, that the loss is partial, and is controlled by the memorandum clause. That, it not being a case of absolute total loss, and there being no abandonment, only the actual damage…
2Cases cited4 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Clark v. United Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1811
- Saltus v. Ocean InsuranceNew York Supreme Court · 1817
3Cited by10 opinions
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Cochran v. ParisSupreme Court of Virginia · 1854
- Bradley v. EwartWest Virginia Supreme Court · 1881
- Caperton v. GregorySupreme Court of Virginia · 1854
- Booth v. DotsonSupreme Court of Virginia · 1896
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