Goold v. Shaw
New York Supreme Court
This Was an actiorqon a policy of insurance on the ship Astrea, from New York-to certain ports in the East Indies, with liberty to touch at several intermediate places. The plaintiffs declared for a total loss by the perils of the sea. Plea the general issue. The cause was tried before Mr. Justice Radcliff, at the last March circuit, in the city of New York.
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This Was an actiorqon a policy of insurance on the ship Astrea, from New York-to certain ports in the East Indies, with liberty to touch at several intermediate places. The plaintiffs declared for a total loss by the perils of the sea. Plea the general issue. The cause was tried before Mr. Justice Radcliff, at the last March circuit, in the city of New York. The policy, the plaintiff’s interest, the preliminary proofs, and an abandonment of the ship to the defendant in due season, after notice of the loss, were admitted. It appeared in evidence, that the ship sailed from New York, on the…
1Opinion of the CourtRadcliff, J.
Notwithstanding the able discussion this case has received, I, cannot perceive any grounds on which to change the opinion that I entertained at the trial. Yt is expressly stated, that the injuries received by the ship, might have been repaired at Martinique, for less than half her value. The- plaintiffs, therefore, cannot recover for a total loss, on the principle that a moiety of the value of the ship was lost.. Their claim for a total loss must depend on the question, whether the defendant, being an ■ underwriter on the ship, shall be affected by the loss of the cargo, occasioned by the…
2Cited by3 opinions
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