Penny v. New-York Insurance Co.
New York Supreme Court
ASSUMPSIT on a policy of insurance on a cargo valued at 4,000 dollars. The vessel was chartered to the plaintiffs for the voyage insured, at 400 dollars per month. The day after her homeward lading was taken in, an embargo was laid on, that continued two months and six days, at the expiration of which time it was taken off, and the vessel sailed on her voyage home.
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ASSUMPSIT on a policy of insurance on a cargo valued at 4,000 dollars. The vessel was chartered to the plaintiffs for the voyage insured, at 400 dollars per month. The day after her homeward lading was taken in, an embargo was laid on, that continued two months and six days, at the expiration of which time it was taken off, and the vessel sailed on her voyage home. Whilst thus on her return, the assured, having received, notice of the imposition, but not of the removal of the embargo, made their abandonment, which was not accepted, and shortly alter, the vessel safely arrived. The plaintiffs…
1Opinion of the Court
Per curiam, delivered by
Livingston, J.
The subject insured- not being abandoned until it was in safety, that is, until three days after the embargo was removed, the plaintiffs, although ignorant of its liberation, cannot, consistently with the judgment of the court for the correction of errors *158in Bedient & Kimberly v. Church, recover as for a total loss ; nor can we, on the facts here disclosed, ascertain what is due to them for a partial loss, admitting a demand of that kind to be well founded. If entitled to any thing, it is to the de-fendants’ proportion of a general contribution towards…
2Cited by2 opinions
- Martin v. Salem Marine InsuranceMassachusetts Supreme Judicial Court · 1807
- Mumford v. Commercial InsuranceNew York Supreme Court · 1810