Suydam & Wyckoff v. Marine Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the cargo of the sloop Masones Daughter, at and from New-York to v v a port or ports in the island of Cuba, and from thence back to New-York. The policy was underwritten on the 7th January, 1802, for the sum of twelve thousand dollars, at a premium of five per cent, and expressed to be on goods out, and on merchandize or specie, or both, home.
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THIS was an action on a policy of insurance on the cargo of the sloop Masones Daughter, at and from New-York to v v a port or ports in the island of Cuba, and from thence back to New-York. The policy was underwritten on the 7th January, 1802, for the sum of twelve thousand dollars, at a premium of five per cent, and expressed to be on goods out, and on merchandize or specie, or both, home. It con- . , , , , . , , ,, , r r tamed also, the usual printed clause, “ to be tree from any loss which may arise in consequence of a seizure or deten- . . tion for, or on account of illicit or prohibited…
1Opinion of the CourtLivingston, J.
It is said, here was no abandonment, or, that the reason assigned for it, was not sufficient, and that, therefore,, the abandonment made, was a nullity. A denial of entry: at. the port of destination, without any seizure or arrest by government, appears to me, after considerable reflection and many doubts, not a loss within this, policy, which contains an express agreement, “ that for a seizure or detention “ _on account of prohibited trade, there shall be no remedy.” How then can underwriters, who do not assume the greater risk of seizure, which in common cases constitutes a techni cal total…
2Cited by8 opinions
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Dickey v. New York InsuranceNew York Supreme Court · 1825
- Bosley v. Chesapeake InsuranceCourt of Appeals of Maryland · 1831
- Bohlen v. Delaware InsuranceSupreme Court of Pennsylvania · 1812
- McConochie v. . the Sun Mutual Insurance CompanyNew York Court of Appeals · 1863
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