Cucullu v. Louisiana Insurance Co.

This action is brought on four policies of insurance, executed by the defendants on goods on board the schooner Felix, from the port of New Orleans to Soto la Marina, in the republic of Mexico. The petition sets out the usual averments of loss, abandonment, &c. and prays judgment for the amount insured, viz. $30,300.

The defendants pleaded the general issue. There was judgment in their favour in the court of the first instance, and the plaintiff appealed.

The principal ground of defence, set up to the claim of the petitioners, is derived from a clause contained in the policy of insurance, by…