Clarkson v. Phœnix Insurance
New York Supreme Court
THIS was an action on two policies of insurance on goods laden on board the ship Governor Gore, Waddle, master, on a voyage from Nerv-York to Tonningen; “ warranted American property, proof to be required here only; also, not to abandon, if captured, until six months after notice, unless previously condemned, nor if refused admittance or turned away, but may proceed to another near open port.”
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THIS was an action on two policies of insurance on goods laden on board the ship Governor Gore, Waddle, master, on a voyage from Nerv-York to Tonningen; “ warranted American property, proof to be required here only; also, not to abandon, if captured, until six months after notice, unless previously condemned, nor if refused admittance or turned away, but may proceed to another near open port.” At the trial, the interest of the plaintiffs was admitted, and that the ship and goods were American, and duly documented. The ship sailed on the voyage the 21st February, 1810. On the 24th March she…
1Per curiam
The capture in this case created the total loss, and the special stipulation in the policy only suspended, for six months, the general right to abandon. At the expiration of the time, the abandonment was duly made, and it related back to the capture, and took its operation and effect from that loss. The only question is, whether the act of the captain, in the intermediate time, destroyed or impaired the plaintiffs’ right. During the' interval of time between the notice of the capture and the abandonment, the property remained in the hands of the captors without restoration, and the captain,…
2Cited by2 opinions
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- Radcliff v. CosterNew York Court of Chancery · 1839