American Insurance v. Dunham
New York Supreme Court
Error from the superior court of the city of New-York. Dunham and Wadsworth brought an action against the American Insurance Company, on three several policies of insurance : one upon the vessel, another upon the freight, and the third upon the cargo of a schooner belonging to them. They proved their ownership of the vessel, and of a portion of the cargo, and that other goods were taken on board on freight.
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Error from the superior court of the city of New-York. Dunham and Wadsworth brought an action against the American Insurance Company, on three several policies of insurance : one upon the vessel, another upon the freight, and the third upon the cargo of a schooner belonging to them. They proved their ownership of the vessel, and of a portion of the cargo, and that other goods were taken on board on freight. The whole of the cargo consisted of lawful goods, admissible in the ports of Colombia, which were laden at New-York, and shipped for the purpose of being landed and sold at Puerto Cabello.…
1Opinion of the Court
By the Court,
Nelson, J.
In the case of Seton, Maitland & Co. v. Low, 1 Johns. Cas. 1, determined in 1791, this court decided, in an action upon a policy of insurance, that articles contraband of war were lawful goods, within the meaning of that term in the policy, and that any goods not prohibited by the positive law of the country to which the vessel belongs, are lawful goods. See also Skidmore v. Deldoity, 2 Johns Cas. 77, and Juhel v. Rhinelander, 2 id. 120, affirmed in the court of errors, in same vol. p. 487. The capture and detention in that case were on account of articles contraband of…
2Cases cited5 opinions
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
- Suckley v. DelafieldNew York Supreme Court · 1804
- Vos v. United InsuranceNew York Supreme Court · 1801
- Kendrick v. DelafieldNew York Supreme Court · 1804
3Cited by2 opinions
- Dole v. New England Mutual Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1864
- New York Firemen's Insurance v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1799