Laing v. United Insurance
New York Supreme Court
These were actions on three different policies of insurance : one on the vessel, another on the cargo, and the other on the freight. The first cause was tried at the December circuit, before Mr. Justice Radcliff, and a verdict was found for the plaintiff for a total loss, subject to the opinion of the court on a case, the principal facts of which apply equally to all the i am es.
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These were actions on three different policies of insurance : one on the vessel, another on the cargo, and the other on the freight. The first cause was tried at the December circuit, before Mr. Justice Radcliff, and a verdict was found for the plaintiff for a total loss, subject to the opinion of the court on a case, the principal facts of which apply equally to all the i am es. The policies were in the usual form, with this additional clause: “ It is also agreed, that the property be warranted by the assured, free from any charge, damage or loss, which may arise in consequence of seizure or…
1Opinion of the CourtRadcliff, J.
I think it unnecessary to decide whether tin in blocks, or in any other form, is an article contraband of war; or to consider the merits of the foreign sentence. If the opinion be correct, that the insured, in every case, under*175takes to maintain the truth of his warranty, it is decisive, as between him and the insurer, in the present case. Such a construction is consistent with the terms of the warranty in the present policy. The insurers are declared to be free from any loss which may arise in consequence of a seizure or detention for or on account of any illicit or prohibited trade, or of…
2Cases cited2 opinions
- Goix v. LowNew York Supreme Court · 1800
- Ludlow v. DaleNew York Supreme Court · 1799
3Cited by2 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Carrington and Others v. THE MERCHANTS'INSURANCE CO.Supreme Court of the United States · 1834