Ogden v. Columbian Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the cargo of the ship Henry and Francis, and on the freight of the same ship, on a voyage from Marseilles to New-York. The policy contained the following clause, the words in italics being part of the printed form, and the other part being written in a blank: “ The said goods and merchandises hereby insured are valued at eighteen francs, valued at' four dollars and forty-four cents.”
Read the full summary
THIS was an action on a policy of insurance on the cargo of the ship Henry and Francis, and on the freight of the same ship, on a voyage from Marseilles to New-York. The policy contained the following clause, the words in italics being part of the printed form, and the other part being written in a blank: “ The said goods and merchandises hereby insured are valued at eighteen francs, valued at' four dollars and forty-four cents.” The policy also contained the following written clause: “ Warranted 1 , . American property, and not to abandon, m case of capture or detention, until six months…
1Per curiam
This is undoubtedly an open policy. There is no valuation of the goods insured; the expression “ the .said . goods and merchandises hereby insured are valued at 18 francs, valued at 4 dollars and 44 cents,” amounts only to an agreement of the parties, that what the assured paid 18 francs for in France ghould be estimated at 4 dollars and 44 cents. It was an ascertainment merely of the value of francs according to our standard; and *281at by no means dispensed with the necessity, of showing the value of the goods on board. It follows, then, that the assured has a right to add the premium of…
2Cited by4 opinions
- Miller v. BrownSupreme Court of Missouri · 1832
- French v. Lafayette Ins.U.S. Circuit Court for the District of Indiana · 1853
- Insurance Co. of North America v. WilleyMassachusetts Supreme Judicial Court · 1912
- Spangler v. BoozeSupreme Court of Virginia · 1904