Biays v. Chesapeake Insurance
Supreme Court of the United States
■ ERROR to, the Circuit Court fin; the district of Maryland, in an action of covenant Upon a policy of insurance on ‘hides, which by the memorandum in the policy, are declared to be free from average, unless general. The policy contains the usual stipulation «that “ in case of-loss,or damage, the- assured shall labor, &c. “ for the preservation of the property, tó the 'expenses “ of which the assurers will contribute.” ' The voy was to Amsterdam.
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■ ERROR to, the Circuit Court fin; the district of Maryland, in an action of covenant Upon a policy of insurance on ‘hides, which by the memorandum in the policy, are declared to be free from average, unless general. The policy contains the usual stipulation «that “ in case of-loss,or damage, the- assured shall labor, &c. “ for the preservation of the property, tó the 'expenses “ of which the assurers will contribute.” ' The voy was to Amsterdam. The vessel arrived-at a place called “ Niew Biep where, according to the usage of the trade, the hides were put into several lighters to be sent to…
1Opinion of the CourtLivingston, J.
delivered the opinion of the' Co.urt as follows :
This is an insurance on hides, warranted by the “ assured free from average,, unless general.” — The declaration is for a total loss by perils of the seas,; but it came out in evidence, that 3,280 hides' (the Svhole number insured being 14,535,') were put on bbhrd of si. lighter to be transported from the vessel to their, place of destination — .that, the lighter in her passage to the shore was sunk, by which accident, T89 of the hides, of the value of 4,000 dollars, were totally lost, and the residue, to the number of 2,491, more were fished…
2Cited by27 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
- Marx v. ForeSupreme Court of Missouri · 1872
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
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