Rafel v. Nashville Marine & Fire Insurance
Supreme Court of Louisiana
THIS case was tried by a jury, before Lame, Judge of the First District Court of New Orleans. As to the law of this case. Description of the subject insured in policy. 1 Arnould, 210, citing Emerigon, c. x, v. 1, p. 292, ed. 1827. 1 Arn. 212 — That under a general policy on goods, bullion, coin and jewels are insurable when put on board for the purposes of commerce; and in note (z) to ibid., goods, wares and merchandise will cover dollars, if entered at the customhouse.
Read the full summary
THIS case was tried by a jury, before Lame, Judge of the First District Court of New Orleans. As to the law of this case. Description of the subject insured in policy. 1 Arnould, 210, citing Emerigon, c. x, v. 1, p. 292, ed. 1827. 1 Arn. 212 — That under a general policy on goods, bullion, coin and jewels are insurable when put on board for the purposes of commerce; and in note (z) to ibid., goods, wares and merchandise will cover dollars, if entered at the customhouse. Arnould, 214 — So. whalebone, oil, &c.; and the reason is that in whaling voyages it is the only cargo: citing 4 Pick. 429.…
1Opinion of the Court
By the court:
Slidell, J.
This action is upon a policy by which the defendants insured Joseph Rafel, “ against loss and damage by fire, to the amountof five thousand dollars, on jewelry and clothing, being stock in trade, contained in the store occupied by him on St. Charles street.” There was a verdict in favor of the plaintiff for $4197 50. The defendants applied for a new trial, which the district judge refused. In doing so, he remarked, that he could not understand upon what principles of law or evidence the jury found the verdict in the case ; but preferred to send the matter before this…
2Cases cited4 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- Brichta v. New-York Lafayette InsuranceThe Superior Court of New York City · 1829