Allen v. . the Mercantile Mutual Ins. Co.
New York Court of Appeals
Appeal from an order of the Supreme Court, at General Term, in the fourth district, affirming a judgment at circuit in favor of the plaintiffs upon a trial by the judge without a jury. The action is to recover on a marine insurance of freight money.
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Appeal from an order of the Supreme Court, at General Term, in the fourth district, affirming a judgment at circuit in favor of the plaintiffs upon a trial by the judge without a jury. The action is to recover on a marine insurance of freight money. The complaint states that the defendant issued to the plaintiffs, on the 25th day of November, 1863, a certificate of insurance, thereby insuring them, according to the conditions of a certain open policy issued by the defendant, $1,200 on freight money, on inboard cargo of brig Rio Grande, at and from Cleveland to Ogdensburg. That the brig…
1Opinion of the Court
Leonard, C.
The contract of the defendant is, in effect, that the brig shall be capable of performing the voyage so as to earn her freight money, notwithstanding the perils insured against. Whether the voyage is protracted, profitable or losing, is the concern of the owners, and not of the insurers. The owners must repair any injury to the vessel sustained on the voyage, except it be so great as to amount to a technical total loss.
They may detain the cargo a reasonable time, until such repairs are completed, and then continue the voyage and earn the freight money. Cases of detention for this…
2Cases cited2 opinions
- Parsons v. HardyNew York Supreme Court · 1835
- Novion v. HallettNew York Supreme Court · 1819
3Cited by6 opinions
- Gans S. S. Line v. WilhelmsenCourt of Appeals for the Second Circuit · 1921
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Hubbell v. Great Western InsuranceNew York Court of Appeals · 1878
- Grammer S. S. Co. v. James Richardson & Sons, Ltd.District Court, W.D. New York · 1929
- Grammer S. S. Corp. v. James Richardson & Sons, Ltd.Court of Appeals for the Second Circuit · 1931
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