Mumford v. Phoenix Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on goods on board of the ship Victory, from New-York to Cherbourg, in France. . , , _ T .. „ . . . ine cause was tried at the New-York sittings, in June, 1810, when a verdict was found for the plaintiff, subject to the opinion of the court on the following case, with liberty to either party to turn the same into a special verdict, The policy contained the usual printed clause, “ warranted free from seizure for or on account of any…
Read the full summary
THIS was an action on a policy of insurance, on goods on board of the ship Victory, from New-York to Cherbourg, in France. . , , _ T .. „ . . . ine cause was tried at the New-York sittings, in June, 1810, when a verdict was found for the plaintiff, subject to the opinion of the court on the following case, with liberty to either party to turn the same into a special verdict, The policy contained the usual printed clause, “ warranted free from seizure for or on account of any illicit n „ or prohibited trade. The Victory sailed from New-York the beginning of August, 1807, with a cargo on board.…
1Opinion of the Court
[Jones.
It was agreed by the attorneys, that any special counts which the plaintiff thought necessary, should be added to the declaration.]
The act of the master was either a violation of the law of nations, or of a municipal regulation of the government of France. This is not barratry. It does not appear that the conduct was ex malefeio, or for his owii benefit.
I contend that the goods were safely landed, within the terms of the policy. The vessel arrived at her port of destination. The consignees came forward and petitioned to have the cargo landed; and it was landed in consequence of their…
Also in this document: Per curiam.
2Cases cited1 opinion
- Kendrick v. DelafieldNew York Supreme Court · 1804
3Cited by1 opinion
- Fulton v. FletcherCourt of Appeals for the D.C. Circuit · 1897