Gilfert v. Hallet
New York Supreme Court
This was an action on a policy of insurance, dated 23d May, 1799, on goods, on board the sloop Two Friends, “ at, and from New York to Barraeoa, with liberty to touch at one or two ports on the north side of Cuba.” The adventure was to continue until the goods *were safely landed at Barraeoa, and one or two ports on the north side of Cuba.” The premium was twelve and a half per cent., to return two and a half per cent, if the voyage ended at Barraeoa.
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This was an action on a policy of insurance, dated 23d May, 1799, on goods, on board the sloop Two Friends, “ at, and from New York to Barraeoa, with liberty to touch at one or two ports on the north side of Cuba.” The adventure was to continue until the goods *were safely landed at Barraeoa, and one or two ports on the north side of Cuba.” The premium was twelve and a half per cent., to return two and a half per cent, if the voyage ended at Barraeoa. The vessel sailed from New York on the voyage insured the 2d June, 1799, and arrived at Barraeoa on the 8th June, and on the 21st October…
1Opinion of the CourtKent, J.
Staying an unusual and unnecessary time at a port will amount to a deviation ; (Park, 295;) but I cannot say that this was the case with the vessel in question at Barracoa.(a) The object of the voyage to that place was the sale of the cargo, and the supercargo made endeavors, but to no purpose, to effect a sale. From the facts found, we cannot now intend any unreasonable delay or negligence, on the part of the assured, at Barracoa. We are to consider the supercargo as having tried, from week to week, to sell the cargo, even by retailing it in small parcels ; and that *his long stay there was…
2Cases cited1 opinion
- Earl v. ShawNew York Supreme Court · 1800
3Cited by1 opinion
- People v. RossCalifornia Supreme Court · 1890