Rankin v. American Insurance
The Superior Court of New York City
This was an action upon a policy of insurance, made by the defendant, on account of-, bearing date the 14th of September, 1825, on merchandise ; each package of which, not excepted in the memorandum, was to be subject to its own averages bs if separately insured.
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This was an action upon a policy of insurance, made by the defendant, on account of-, bearing date the 14th of September, 1825, on merchandise ; each package of which, not excepted in the memorandum, was to be subject to its own averages bs if separately insured. The goods were to be shipped prior to the first of April, 1826, on board of any vessel or vessels from Liverpool, or London, to New-York, and the sum subscribed to the p0pCy wag $30,000. The cause was tried before the Chief Justice, and at tbe trial, the plaintiffs produced the same preliminary proofs, whichthey had previously (and…
1Opinion of the CourtOakley, J.
This was an action on a policy of insurance on goods shipped from Liverpool to New-York. The claim was for damage sustained by the perils of the sea. On the arrival of the ship at New-York, the goods in question were landed before the wardens of the port had held a survey upon them.
At the trial, an objection was made, that the preliminary proofs were insufficient, because such a survey was not shown ; and in support of the objection, the defendants offered to prove, that “ by the usage of trade of this port and other ports, the master “ of the vessel is, in all cases, responsible for any…
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