Saltus v. Ocean Insurance
New York Supreme Court
THIS was an action on two policies of insurance, the one on fhc cargo, and the other on the freigh: of the ship Nancy, (both ship and cargo belonging to the plaintiffs,) on a voyage from New-York to Lisbon. The cause was tried at the New-York sittings, in November, 1815, before Mr. Justice Spencer.
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THIS was an action on two policies of insurance, the one on fhc cargo, and the other on the freigh: of the ship Nancy, (both ship and cargo belonging to the plaintiffs,) on a voyage from New-York to Lisbon. The cause was tried at the New-York sittings, in November, 1815, before Mr. Justice Spencer. The cargo of the vessel consisted entirely of rye-flour and ■Indian corn; the policy on the cargo was an open policy, underwritten by the defendants for the sum of 12,000 dollars, and containing the usual printed memorandum; that grain of all kinds, &c., and all articles perishable in their own…
1Opinion of the CourtYates, J.
There can be no claim for a total or partial loss on the policy on the freight as the vessel was repaired in season, so as to be in a capacity to earn freight. She arrived at Newport, on the 19th of May, and a survey was made the same day, in consequence of which she1 was unladen, and immediate measures taken to repair her, so that by the middle of July she was, (as stated in the case,) in a good condition; and on the 28th of the same month she was in a situation to proceed to sea. Being thus seasonably ready to prosecute the voyage, if the owners had" been disposed to do so, the insurers on…
2Cases cited1 opinion
- Le Roy v. GouverneurNew York Supreme Court · 1800
3Cited by10 opinions
- Buchanan v. Ocean Insurance Co.New York Supreme Court · 1826
- Hotchkiss v. Commercial Mutual InsuranceThe Superior Court of New York City · 1863
- Jordan v. Warren Ins.U.S. Circuit Court for the District of Massachusetts · 1840
- Earnmoor Steamship Co. v. New Zealand Ins.U.S. Circuit Court for the District of California · 1896
- Murray v. Aetna Ins.U.S. Circuit Court for the Northern District of Illnois · 1864
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