Neilson v. Columbian Insurance Co.
New York Supreme Court
UPON a policy on two thousand three hundred bushels of corn, from New-York to Madeira, with the usual memorandum excludin grain &c. from average unless general, effected on account of Joaquim de Barros, a Portugese, resident at Bonavista, and master of the vessel in which laden.
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UPON a policy on two thousand three hundred bushels of corn, from New-York to Madeira, with the usual memorandum excludin grain &c. from average unless general, effected on account of Joaquim de Barros, a Portugese, resident at Bonavista, and master of the vessel in which laden. The ship, after a passage of more than 40 days, in which, she was under a necessity of throwing overboard 500 bushels of her cargo, arrived at the north side of the island, where she was obliged to come to as a southerly wind then blowing, rendered it impossible to go round to the harbour of Funchall. While thus at an…
1Per curiam
A new trial must be awarded with costs to abide the event of the suit. The charge of the judge, as stated in the case was clearly wrong. So long as the corn physically existed, there could not be a total loss. Though good for nothing, the defendants were not liable, being protected by. the clause in the memorandum. The direction was contrary to our determination in Maggrath and Higgins v. Church. It ought also to have been *111left to the jury, as a material point whether the vessel could not have been repaired at the Cape de Verd Islands, so as to perform her voyage. This does not appear to have…
2Cited by5 opinions
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840
- Aranzamendi v. Louisiana InsuranceSupreme Court of Louisiana · 1831
- Depeyster v. Sun Mutual InsuranceNew York Supreme Court · 1853
- Wallerstein v. Columbian InsuranceThe Superior Court of New York City · 1865