Saurez v. Sun Mutual Insurance
The Superior Court of New York City
This was an action of assumpsit upon a policy of insurance for $6000, on the barque Childe Harold, tried in June, 1848. -The policy of insurance bore date November 18, 1845, and was for twelve months, upon a voyage from New York to a port or ports in the Pacific ocean not north of Guayaquil, from thence to any part of the world which the owners or their agents might direct.
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This was an action of assumpsit upon a policy of insurance for $6000, on the barque Childe Harold, tried in June, 1848. -The policy of insurance bore date November 18, 1845, and was for twelve months, upon a voyage from New York to a port or ports in the Pacific ocean not north of Guayaquil, from thence to any part of the world which the owners or their agents might direct. If absent, with liberty to extend the time to cover the risk, if necessary, at a port in the United States. The policy contained a stipulation authorizing the vessel, in her voyage, to proceed and sail to, and touch and…
1Opinion of the CourtBy the Court. Sandford, J.
There is no doubt that while the injured vessel remained at Havana, and before the partial repairs were made there, the plaintiffs were entitled to abandon, and to recover for a total loss. Full repairs might • have been made in that port, and the expense of such repairs at the port of necessity, furnishes the criterion for determining whether the loss be partial or total. The plaintiffs were under no obligation to make temporary repairs, so as to bring the vessel to a port where she could be completely refitted at less expense. (The American Insurance Company v. Center, 4 Wen. 45.)
• The…
2Cases cited3 opinions
- Dickey v. New York InsuranceNew York Supreme Court · 1825
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Clarkson v. Phœnix InsuranceNew York Supreme Court · 1812
3Cited by1 opinion
- Murray v. Great Western InsuranceNew York Supreme Court · 1893