Gardiner v. Smith
New York Supreme Court
This was an action on a policy of insurance on goods, “ at and from New York to any port or ports in Jamaica,! and twenty-four hours after the goods, as named in the margin, are landed in Jamaica.” The policy was against the-usual risks, and also against the risk of contraband and" illicit trade. " The plaintiff declared for a total loss by seizufe for illicit trade.
Read the full summary
This was an action on a policy of insurance on goods, “ at and from New York to any port or ports in Jamaica,! and twenty-four hours after the goods, as named in the margin, are landed in Jamaica.” The policy was against the-usual risks, and also against the risk of contraband and" illicit trade. " The plaintiff declared for a total loss by seizufe for illicit trade. On the trial before Mr. Justice Radcliff, at the last' March" circuit in the city of New York, it appeared that the goods, as mentioned in the margin of the policy, were duly shipped on the voyage insured ; that they consisted…
1Opinion of the Court
Lansing, Ch. J.
This was a voyage undertaken expressly for the purpose of illicit trade in a foreign country. A policy on such a voyage against bur own laws would be. void, but we are not bound to declare it void when merely contravening the positive regulations of another state.(a) On account of the nature of the voyage, the insurance in point of time, was extended to 24 hours after the goods should be landed. ' A protection against the risk of seizure until they should be so landed, was a direct and important stipulation in the contract, and the. insurance being entire, we are of opinion…
2Cases cited6 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- The Chesapeake Insurance Company v. StarkSupreme Court of the United States · 1810
- Columbian Insurance Company v. Ashby and StriblingSupreme Court of the United States · 1830
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
4 more not listed; retrieve them via the Exa API.