Vandenheuvel v. United Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on the cargo of the brig Eliza, from Demerara to Netv-York. The cause was tried at the New-York sittings, in January,A806» before Mr. Justice Livingston.
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THIS was an action on a policy of insurance, on the cargo of the brig Eliza, from Demerara to Netv-York. The cause was tried at the New-York sittings, in January,A806» before Mr. Justice Livingston. The cargo insured consisted of 191 hogsheads of sugar, 22 bags of coffee, and 30 puncheons of rum ; the whole valued in the policy at 20,802 dollars, and 9 cents, There was property on board insured to the value of 26,053 dollars. 1’he vessel was insured, and valued at @5000, though worth but @4,500. The freight from Demerara to New-Tork was 1772 dollars. The Eliza was captured, on the 6th of…
1Opinion of the CourtLivingston, J.
This is a valued policy on specific articles, part only of which being condemned, the master, to prevent the embarrassment of an-appeal, with which he, was threatened by the captors, agreed to give them five thousand dollars. To raise this sum, it became necessary to sell, of the merchandise insu*411red, not only more than a moiety in quantity, but also in i -r- , . , . - . . . value, r rom this bnei statement it would seem to result, on principles long and well settled, that a technical total loss liad happened.
The first objection to this claim is, that if the other cargo on board, which was not…
2Cited by11 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Kieth v. KerrIndiana Supreme Court · 1861
- Galpin v. AtwaterSupreme Court of Connecticut · 1860
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