American Insurance v. Hutton
New York Supreme Court
Error from the superior court of the city of New-York. Hutton sued the American Insurance Company on a policy upon the body, &e. of a brig called the Champion, for and during the term of twelve calendar months, commencing on the 21st January, 1835 ; averages, if any, to be settled each passage ; and if at sea at the expiration of the term, the risk to continue at the same rate of premium until her arrival at the port of destination.
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Error from the superior court of the city of New-York. Hutton sued the American Insurance Company on a policy upon the body, &e. of a brig called the Champion, for and during the term of twelve calendar months, commencing on the 21st January, 1835 ; averages, if any, to be settled each passage ; and if at sea at the expiration of the term, the risk to continue at the same rate of premium until her arrival at the port of destination. No port of destination is mentioned in the policy ; the language of the policy is : “ Beginning the adventure upon the said vessel, tackle, apparel, &c at and…
1Opinion of the Court
By the Court,
Cowen, J.
The policy in question was on time, for a term of one year certain, from the 21st January, 1835, and if the vessel should happen, at the expiration of the year, to be at sea, the policy was to continue till her arrival at the port of destination. At the expiration of the term, the vessel was in fact at St. Thomas, under circumstances which raise the question whether she v as in port, or whether constructively at sea. Of course she was not literally at sea. She had been out to Curacoa, and was returning to St. .Thomas, with a view to take and transport the cargo of the…
2Cases cited1 opinion
- Wood v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Murdock v. . GilchristNew York Court of Appeals · 1873
- Cole v. Union Mutual InsuranceMassachusetts Supreme Judicial Court · 1859
- Murdock v. GilchristNew York Court of Appeals · 1873