Robertson v. Atlantic Mutual Insurance
The Superior Court of New York City
Exceptions by plaintiffs ordered to be heard at general term. The plaintiffs sue to recover for a total loss of the freight of a cargo from. New York to Galveston, in Texas, by the “brig” “Ocean Wave,” valued at three thousand six hundred and twenty-four dollars and forty-two cents, insured by an open policy issued by "the defendant, August 16, 1867, for three thousand six hundred dollars.
Read the full summary
Exceptions by plaintiffs ordered to be heard at general term. The plaintiffs sue to recover for a total loss of the freight of a cargo from. New York to Galveston, in Texas, by the “brig” “Ocean Wave,” valued at three thousand six hundred and twenty-four dollars and forty-two cents, insured by an open policy issued by "the defendant, August 16, 1867, for three thousand six hundred dollars. The vessel stranded in a storm on the island, on which Galveston is situated, on the outside three or four miles from the city, October 2, • 1867. The plaintiffs allege that thereby the freight money became…
1Opinion of the Court
By the Court.—Curtis, J.
The contract on the ■part of the underwriters, was that the ship should not he prevented by the perils of the sea from earning freight money for the owners. - The ship was hopelessly stranded three or four miles from the port of delivery, :a port then infected with yellow fever. The expense ■of delivering the portion of the cargo rescued amounted to more than the freight upon it. The master was lost at the time of the wreck. The owners, on receiving notice, applied to the insurers, and were told that on account of the yellow fever it would be impossible to get an agent…
2Cases cited1 opinion
- Ogden v. General Mutual InsuranceThe Superior Court of New York City · 1853