Graves & Scriba v. Marine Insurance Co.
New York Supreme Court
Assumpsit, for money had and received, to recover back the amount of premium, paid for insurance. The facts were these: The plainliffs shipped for La Vera Cruz a cargo, fully covered by other policies, in the usual form, and then effected the one on which the present action was brought, upon the return cargo, “.beginning the adventure upon the said goods and merchandises, from and immediately following the loading thereof on board of the said vessel, at La Vera Cruz, and so,…
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Assumpsit, for money had and received, to recover back the amount of premium, paid for insurance. The facts were these: The plainliffs shipped for La Vera Cruz a cargo, fully covered by other policies, in the usual form, and then effected the one on which the present action was brought, upon the return cargo, “.beginning the adventure upon the said goods and merchandises, from and immediately following the loading thereof on board of the said vessel, at La Vera Cruz, and so, &c., until the said goods shall be safely landed at New York,” with liberty to touch and trade at New Orleans, or the…
1Opinion of the CourtLiviNGSTON, J.
The premium on this insurance cannot be retained. The policy in explicit terms declares, “ the adventure shall begin from, and immediately following, the loading of the goods at La *341Yera Cruz.” At tbis port, whitber tbe outward cargo was insured, tbe Alert was not permitted to unload, or to remain in port, whereupon sbe sailed for New-Orleans m distress.
Tbe parties clearly intended to insure only sucb goods as were taken on board at La Yera Cruz; or, in other words, tbe return cargo. Independent of the unequivocal terms made use of, tbe plaintiffs could not contemplate bringing back to New…
2Cited by2 opinions
- Clark v. HigginsMassachusetts Supreme Judicial Court · 1882
- Silloway v. Neptune InsuranceMassachusetts Supreme Judicial Court · 1858