Mumford v. Commercial Insurance
New York Supreme Court
THIS was an insurance on goods, from Amsterdam to « 7 New-Tork ; and a verdict was taken for the plaintiff by L J consent, for 151 dollars and 45 cents, subject to the ^ opinion of the- court on the following case: On the 31st May, 1805, 32 bales of merchandise, of the value of 2,134 dollars, were shipped at Amsterdam, on hoard the ship Ocean, for New-Tork, for the plaintiff. The goods belonged to the plaintiff, and were duly ° °.c J documented.
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THIS was an insurance on goods, from Amsterdam to « 7 New-Tork ; and a verdict was taken for the plaintiff by L J consent, for 151 dollars and 45 cents, subject to the ^ opinion of the- court on the following case: On the 31st May, 1805, 32 bales of merchandise, of the value of 2,134 dollars, were shipped at Amsterdam, on hoard the ship Ocean, for New-Tork, for the plaintiff. The goods belonged to the plaintiff, and were duly ° °.c J documented. The ship during the voyage, on the 1st of 1 6 J ° . September, 1808, was met by a British ship, and sent to Halifax, The ship and the goods were…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. It is not a point any xvhere adjudged in the English books, *266who shall bear the charge of the increased freight, in a case like the present, where the ship becomes changed by necessity, during the course of the voyage. The increased freight certainly arose as a direct and unavoidable consequence of the capture and detention of the goods; and the underwriter engages to indemnify the assured from all losses and damage arising from capture and detention. If the insurer on goods is not to pay this charge, then the capture has produced a dead loss to…
2Cases cited1 opinion
- Penny v. New-York Insurance Co.New York Supreme Court · 1805
3Cited by3 opinions
- Two Rivers Manufacturing Co. v. BeyerWisconsin Supreme Court · 1889
- Indianapolis Insurance v. MasonIndiana Supreme Court · 1858
- Warren v. SkolfieldMassachusetts Supreme Judicial Court · 1870