Schieffelin v. New-York Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated the 27th of June, 1809, on goods, laden on board the same ship Dean, for the same voyage as m the last case, with liberty to touch at Tonningen, Amsterdam, or Rotterdam, for a market, if not blockaded, The insurance was declared to be against “ the dangers of the seas only; and in case of capture or detention, the risk to continue during and after such capture or detention.”
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THIS was an action on a policy of insurance, dated the 27th of June, 1809, on goods, laden on board the same ship Dean, for the same voyage as m the last case, with liberty to touch at Tonningen, Amsterdam, or Rotterdam, for a market, if not blockaded, The insurance was declared to be against “ the dangers of the seas only; and in case of capture or detention, the risk to continue during and after such capture or detention.” The loss was dedared to be by the perils of the sea. The case was triin the action on the policy on the ship. The cause was tried at the New-York sittings, on the 25th of…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
There is no proof, in this case,;that the goods were damaged to the amount of a moiety of their value, or to any considerable extent, by the stranding and loss of the ship. If the claim for a total loss can be supported, it must be on accomit of the loss of the voyage. The evidence does not warrant any suggestion that there was an acceptance of the cargo by Field, as the authorized agent of the shippers. But it has been strongly contended, that the loss was to be imputed to the seizure by the Dutch government; and if this was so, the defendants…
2Cited by12 opinions
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Lodwicks & Kennedy v. Ohio InsuranceOhio Supreme Court · 1832
- Rice v. HomerMassachusetts Supreme Judicial Court · 1815
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