Smith v. Mississippi Marine & Fire Insurance
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action to recover from the defendants, the value of certain goods shipped on deck and lost, and which belonged to a lot of goods msured generally, to the value of fifteen hum died dollars, on board the schooner Elizabeth and Rebe'cca, from New-Orleans to City Point, in Virginia.
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Eastern Dist. APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action to recover from the defendants, the value of certain goods shipped on deck and lost, and which belonged to a lot of goods msured generally, to the value of fifteen hum died dollars, on board the schooner Elizabeth and Rebe'cca, from New-Orleans to City Point, in Virginia. The plaintiffs allege, that when they were about effecting insurance, a bill of lading was placed before the defendants, which specified that part of the cargo was on deck, and that through error it was omitted to be stated…
1Opinion of the CourtMartin, J.
The plaintiffs are appellants from a judgment which rejects their claim against the Insurance Company,for goods shipped on the deck of the vessel.
They sought to take out their case from the general rule', on an allegation-that the defendants knew at the time the insurance was effected, that the goods offered for insurance had been shipped on the deck of the vessel. This, however, the parish judge thought the plaintiffs failed to prove.
It appeared that this circumstance was stated in a bill of lading which was left in the company’s office. The policy does not state an insurance of goods on…
2Cited by4 opinions
- Sapp v. FrazierSupreme Court of Louisiana · 1899
- Barre v. City of New OrleansSupreme Court of Louisiana · 1870
- Atkinson v. Great Western InsuranceNew York Court of Common Pleas · 1871
- Barre v. City of New OrleansSupreme Court of Louisiana · 1870