Bakewell v. United Insurance
New York Supreme Court
This was an action on a policy of insurance on goods, from New Orleans to New York. The vessel, during the voyage, was captured and carried into New Providence, and, after having been detained 56 days, was acquitted.
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This was an action on a policy of insurance on goods, from New Orleans to New York. The vessel, during the voyage, was captured and carried into New Providence, and, after having been detained 56 days, was acquitted. A large quantity of deer skins, in bundles, part of the goods insured; were found in a perishable condition, and, after a survey made, a few days before the acquittal of the vessel, it was thought necessary to sell the deer skins, in order to prevent a total loss, in case of their being reshipped ; and they were accordingly sold, by which there was a partial loss on the cargo of…
1Opinion of the CourtRadcliff, J.
If the article of deer skins be considered as perishable in its nature, and therefore comprehended in the first part of the memorandum, and Uncontrolled by the subsequent provision made in it, this case would come within the decision of Le Roy and others v. Gouverneur. (1 Johns. Cas. 226.) In that case, we determined, that under the usual terms of the memorandum, the insurer was never liable on account of perishable articles, except for a general average, and a total loss of the commodity. But the memorandum is here restrained by the subsequent provision, by which the parties have impliedly…
2Cases cited6 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
- Quackenboss v. LansingNew York Supreme Court · 1810
- Le Roy v. GouverneurNew York Supreme Court · 1800
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