Center v. American Insurance
New York Supreme Court
The first suit was.assumpsit for a total loss on a valued policy of insurance upon the ship Pallas, owned by the plaintiff, valued at $10,000, the sum subscribed, on a voyage at and from New Orleans to Havre; and at and from thence, back to a.port of discharge in the United 'States, The cause was tried at the New York Circuit, April 15th, 1826, before Walworth, C. Judge.
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The first suit was.assumpsit for a total loss on a valued policy of insurance upon the ship Pallas, owned by the plaintiff, valued at $10,000, the sum subscribed, on a voyage at and from New Orleans to Havre; and at and from thence, back to a.port of discharge in the United 'States, The cause was tried at the New York Circuit, April 15th, 1826, before Walworth, C. Judge. On the trial, the policy was produced and proved, bearing date Hovember 24th, 1824. It appeared that on the 22d, the Pallas, being seaworthy, left New Orleans’ .with a .full cargo of cotton; and proceeded on her voyage the…
1Opinion of the Court
Curia.
In the suit upon the vessel policy, the plaintiff claims to recover for a constructive- total loss, founded or sea damage to more than a moiety of the ship’s value after the usual deductions. On the trial, the parties as sumed the valuation of the vessel in the policy, which was 10,000 dollars, as the measure with which the cost of repairs is to be compared, in' order to determine whether it ex ceeded one half the value of the ship.
Whether the proper principle of estimating the moiety was adopted at the trial; and, if so, whether the sale be fore abandonment rendered that abandonment…
2Cases cited4 opinions
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Saltus v. Ocean InsuranceNew York Supreme Court · 1815
- Same v. SameNew York Supreme Court · 1812
- United Insurance v. LenoxNew York Supreme Court · 1800
3Cited by4 opinions
- Hiltetrant v. City of ChesterDistrict Court, S.D. New York · 1888
- Hubbell v. Great Western InsuranceNew York Court of Appeals · 1878
- Ruckman v. Merchants' Louisville InsuranceThe Superior Court of New York City · 1856
- The HenryDistrict Court, S.D. New York · 1834