Waddington v. United Insurance Co.
New York Supreme Court
'nilS was an action on a policy of insurance on the cargo of the Brig African, “at, and from Gothenburgh to Carlshune, or anv other port of delivery in the Baltic; if turned away, " 1 J J or warned not to enter, to a near open port.” Premium seven and a half per cent.; to return two and a half per cent., if the risk ends at Carlshune., in safety. The declaration contained the usual money counts.
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'nilS was an action on a policy of insurance on the cargo of the Brig African, “at, and from Gothenburgh to Carlshune, or anv other port of delivery in the Baltic; if turned away, " 1 J J or warned not to enter, to a near open port.” Premium seven and a half per cent.; to return two and a half per cent., if the risk ends at Carlshune., in safety. The declaration contained the usual money counts. The African, having on board goods of the plaintiff, to the amount insured, sailed from Philadelphia, on the 10th of April, 1810, and arrived at Gotheniurgh, in the month of June following. After a…
1Per curiam
The plniutiff abandons all claim, except for the return of the premium, and on this he claims interest. The defendant.-: admit their liability for the premium, hut insist that it ought not to be recovered in this action, and contend, also, that interest outfit not to be allowed.
The cause has hitherto been contested on different principles : #lhe plaintiff claiming to be paid a total loss on the goods. His action, however, is adapted to recot cr the premium : anrl as the defendants have not taken measures to compel him to elect whether he would go for the premium or not. the court cannot deny…
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