Gracie v. New-York Insurance
New York Supreme Court
THIS was an action on an open policy of insurance, dated the 24th of January, 1807, upon the cargo on board the ship Vermont, at and from New-York to Leghorn. The policy contained a “ written clause, warranted not to abandon, if captured, until condemned, or until after a detention of six months, after advice received 7 here of the capture.” At the trial, the plaintiff proved an interest in the car- . , . - , , , go insured, to the amount covered by the policy, and no more.
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THIS was an action on an open policy of insurance, dated the 24th of January, 1807, upon the cargo on board the ship Vermont, at and from New-York to Leghorn. The policy contained a “ written clause, warranted not to abandon, if captured, until condemned, or until after a detention of six months, after advice received 7 here of the capture.” At the trial, the plaintiff proved an interest in the car- . , . - , , , go insured, to the amount covered by the policy, and no more. The ship sailed the 30th of January, 1807, and was captured, during her voyage, by a French privateer, and carried into…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The' plaintiff refused to abandon to the defendants the proceeds of the cargo at Leghorn, and claims the amount of the bond which he was obliged to give, and since to pay, on receiving back the cargo in France. His claim is equal, and even superior in amount, to what it would have been, if the property had perished ; for the bond was for a sum equal to fifty per cent, advance upon the-prime cost. The whole difficulty in this case arises from the refusal to abandon; for there cannot be a doubt, upon the correspondence between the parties, that no…
2Cases cited1 opinion
- Richards v. CarlIndiana Supreme Court · 1824
3Cited by10 opinions
- Insurance Co. v. UpdegraffSupreme Court of Pennsylvania · 1853
- Fowler v. Ætna Fire Insurance Co.New York Supreme Court · 1827
- Hart v. Western Rail RoadMassachusetts Supreme Judicial Court · 1847
- Leonard v. NyeMassachusetts Supreme Judicial Court · 1878
- Heard v. SturgisMassachusetts Supreme Judicial Court · 1888
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