Guerlain v. Columbian Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the cargo of the schooner Two Brothers, from New-York to Charleston, South Corolina, The cause was tried at the New-York sittings in ° April, 1810. ^ , 1 he insurance was declared by the policy, to be upon the goods specified in the margin, (being beef, butter, soap, candles, apples and potatoes,) and whereon 1,310 dollars were insured.
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THIS was an action on a policy of insurance on the cargo of the schooner Two Brothers, from New-York to Charleston, South Corolina, The cause was tried at the New-York sittings in ° April, 1810. ^ , 1 he insurance was declared by the policy, to be upon the goods specified in the margin, (being beef, butter, soap, candles, apples and potatoes,) and whereon 1,310 dollars were insured. The policy also contained the following 1 J i _ ° clause: “ The assurers by this policy take no other risk than general average, and such total loss only as may arise by the absolute destruction of the property.”…
1Per curiam
The defendants are entitled to judgment. There was neither a case of general average, nor an absolute destruction of the property, and in no other event were the defendants to be responsible. The idea that for each item or article of the cargo which was totally lost, the defendants are liable, is not well founded. The insurance was upon so much cargo as an integral subject. In the French policies at Marseilles certain perishable articles are declared free of average, general and particular, which means that the underwriter is answerable only for an entire loss of the subject insured. And,…
2Cited by3 opinions
- Chadsey v. . GuionNew York Court of Appeals · 1884
- Pearse v. Quebec Steam-Ship Co.District Court, S.D. New York · 1885
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824