Coit & Pierpoint v. Commercial Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated 39th of September, 1807, on 45 bales of sarsaparilla, specified in the margin of the policy, on board of the ship ° r J . 1 Paragon, “ at and from Nezv-Tork to Amsterdam, upon . sea-risk only, including sea-risk during capture or detention, at a premium of 5 per cent.
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THIS was an action on a policy of insurance, dated 39th of September, 1807, on 45 bales of sarsaparilla, specified in the margin of the policy, on board of the ship ° r J . 1 Paragon, “ at and from Nezv-Tork to Amsterdam, upon . sea-risk only, including sea-risk during capture or detention, at a premium of 5 per cent. The policy contained a printed memorandum in the following words: “ It is also agreed, that salt, grain of all kinds, tobacco, indian-meal, fruits, (whether 7 7 7 x r ved or otherwise,) cheese, dry fish, vegetables and roots., and all other articles, perishable in their own…
1Per curiam
The plaintiffs offered the strongest proof that could be given of a mercantile usage, settling the meaning and extent of the term roots, in the memorandum of the policy, and that it did not apply to the subject in question. The only point then is, whether usage is admissible at all, to control the ordinary and popular sense of the term.
The case of Baker v. Ludlow (2 Johns. Cas. 289.) says, that the words in the memorandum, “ all other articles perishable in their own nature,” were not applicable to the articles previously and specifically enumerated. But that case does not decide the…
2Cases cited1 opinion
- Baker v. LudlowNew York Supreme Court · 1801
3Cited by7 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Dole v. Merchants' Mutual Marine InsuranceSupreme Judicial Court of Maine · 1863
- Wood v. AllenSupreme Court of Iowa · 1900
- Astor v. Union InsuranceNew York Supreme Court · 1827
- Susquehanna Fertilizer Co. v. Thomas H. White & Co.Court of Appeals of Maryland · 1887
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