John M. Gould & Co. v. Louisiana Mutual Insurance

Ix,sxjEY, J.

The plaintiffs claim in this action, on an open marine policy of insurance, the sum of two thousand three hundred and thirty-nine dollars, the value of three invoices of goods, boots, shoes and caps, shipped by them at New York on the first August, 1856, on the ship Isaac Alberton, bound to New Orleans. The entry of the risk is under date of the 11th September, 1856, and it is only against general avei-age and absolute total loss.

The defendants plead the general issue, and they set up specially the character of the loss, which they aver was not an absolute total one.

The case was…