Schmidt v. United Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated the r •' ’ 5th July, 1803, on thirty-five bales of cotton, valued at 1,800 dollars, at and from Nerai-Tork to Hamburgh, on board of the American ship Oroximbo. The cause was tried at the New-Tork Sittings, on the 27th day of April, 1805, before Mr. Justice Thompson.
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THIS was an action on a policy of insurance, dated the r •' ’ 5th July, 1803, on thirty-five bales of cotton, valued at 1,800 dollars, at and from Nerai-Tork to Hamburgh, on board of the American ship Oroximbo. The cause was tried at the New-Tork Sittings, on the 27th day of April, 1805, before Mr. Justice Thompson. The policy contained the following clause: “ And that in case of loss, the assured are to abate two per cent, and such loss to be paid in thirty days after proof thereof, but no partial loss, or particular , . , . , , . n average, shall m any case be paid, unless amounting to Jive…
1Opinion of the CourtSpencer, J.
Without repeating the facts, I shall proceed to the consideration of the important question in the cause, whether the cargo has been lost, (even if Hamburgh was blockaded, and in a state that the vessel could not legally enter,) by any of the perils insured against in the policy. The words in the policy, under which the plaintiff ¡claims for a total loss, are arrests, restraints, and detainments of all kingsy&c, The terms do not I think, embrace a case like the present; for the master of the Orozimbo never attempted to enter the port of Hamburgh, nor was there any actual or immediate…
2Cited by6 opinions
- Matheson v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1875
- King v. Delaware Ins.U.S. Circuit Court for the District of Pennsylvania · 1808
- Shapley v. TappanMassachusetts Supreme Judicial Court · 1812
- Fairchild v. BellSupreme Court of South Carolina · 1807
- Krumbhaar v. Marine InsuranceSupreme Court of Pennsylvania · 1815
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