Spinetti v. . Atlas Steamship Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 14 Hun, 100.) This action was brought to recover the value of a bag of American gold coin containing $5,000, belonging to plaintiff, shipped on board defendant’s steamship Corinth at New York, to be carried to Maracaibo via Curacoa. Two boxes of coin were shipped by plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 14 Hun, 100.) This action was brought to recover the value of a bag of American gold coin containing $5,000, belonging to plaintiff, shipped on board defendant’s steamship Corinth at New York, to be carried to Maracaibo via Curacoa. Two boxes of coin were shipped by plaintiff. Upon arrival at Maracaibo it was discovered that one of the boxes had been opened, and the bag of coin in question abstracted. Defendant…
1Opinion of the CourtRapallo, J.
The clauses in the bill of lading of which the defendant claims the benefit, read as follows: “ The company is not liable for any loss or detention of, or damage or injury to the goods, or the consequences thereof occasioned by any or several of the following causes : ” Among the causes enumerated are : “ Theft on land or afloat.” “ Barratry of master or mariners.” “ Interruption to navigation by ice.” “ Transhipments ; any act, neglect or default of the pilot, master, mariners, engineers, servants or agents of the company.”. The bill of lading was of two boxes of specie.
The court, at the…
2Cases cited3 opinions
- Atlantic Insurance v. Storrow & BoydNew York Court of Chancery · 1835
- American Insurance v. BryanNew York Supreme Court · 1841
- Simmons v. LawNew York Court of Appeals · 1866
3Cited by6 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Putnam v. The ManitobaDistrict Court, S.D. New York · 1900
- Heuman v. M. H. Powers Co.New York Court of Appeals · 1919
- Aqua Craft I, Inc. v. Boston Old Colony InsuranceNew York Supreme Court · 1987
- The SaratogaDistrict Court, S.D. New York · 1884
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