Griswold v. New-York Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on the freight of the ship Culloden, valued at 3,300 dollars, on a voyage “ at and from Uew-Tork to Barcelona, with liberty to touch at The cause had been once tried, when the jury found a A v v verdict for the plaintiff, and on a motion for a new trial, the verdict was set aside, and a new trial granted. (See vol. p. 205.) On the second trial, at the sittings held in the city of Nevo-York, in June, 1807, before Mr. Chief Justice.
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THIS was an action on a policy of insurance, on the freight of the ship Culloden, valued at 3,300 dollars, on a voyage “ at and from Uew-Tork to Barcelona, with liberty to touch at The cause had been once tried, when the jury found a A v v verdict for the plaintiff, and on a motion for a new trial, the verdict was set aside, and a new trial granted. (See vol. p. 205.) On the second trial, at the sittings held in the city of Nevo-York, in June, 1807, before Mr. Chief Justice. Kent, the jury found a special verdict; on which the cause was argued at the last term by The material facts found by…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The only material difference between the special verdict before us, and the case, which was made upon the former trial of this cause, is respecting the extent of the damage to the flour. It is now found that all the flour, except between IQO and 2pO barrels, became damaged, and wholly unfit to he reshipped, for that or any other* voyage, and that if the damaged flour had been carried to Barcelona, it would have been worth nothing there, and would have injured the sound flour, and that no prudent person would have taken the cargo as a gift, and…
2Cited by10 opinions
- Schwinger v. . RaymondNew York Court of Appeals · 1880
- Frank M. Herbert, Inc. v. M & P Scrap Iron & Metal Corp.New York Supreme Court · 1964
- Jordan v. Warren Ins.U.S. Circuit Court for the District of Massachusetts · 1840
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Gloucester Ins. v. YoungerU.S. Circuit Court for the District of Massachusetts · 1855
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