Same v. Same
New York Supreme Court
THIS was an action on a policy of insurance on the freight of the same ship, valued at the sum insured, being 2,500 dollars, and for the same voyage, as stated in the last case; and a verdict was found for the plaintiff, subject to the opinion of the court, on a . . . c , 1 case containing the same tacts.
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
To have entitled the plaintiffs to freight, there must have been a delivery of the cargo at Bremen, or a voluntary acceptance of it, at the Texel or Amsterdam., by the consignees, or by Field, the supercargo, or a refusal by him, upon an offer made, to have the goods sent on in another vessel. Neither of these events happened, except as to a small part of the cargo consigned to the Willincks. There is no sufficient evidence in the case of any other delivery or acceptance, nor of any offer by the captain to provide means to forward the goods. The…
2Cited by5 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Center v. American InsuranceNew York Supreme Court · 1827