Depeyster v. Sun Mutual Insurance
New York Supreme Court
This was an action upon a policy of insurance, in which the plaintiffs claimed to recover, as for a total loss, the value of certain hides, insured on a voyage from Santa Martha, on the Spanish Main, to New-York.
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This was an action upon a policy of insurance, in which the plaintiffs claimed to recover, as for a total loss, the value of certain hides, insured on a voyage from Santa Martha, on the Spanish Main, to New-York. On the trial it was proved that a portion of the hides were so damaged that they had to he thrown overhoard, and the remainder, being in a putrifying condition, were sold at Havana as damaged hides; it being thought impossible to carry them to the end of the voyage, though a small portion of them were afterwards dried and carried to Boston. It was urged, on the part of the defense,…
1Opinion of the CourtEdmonds, P. J.
In regard to the plaintiffs1 right to recover ás for a total loss, the defendants claimed that the property insured, being memorandum articles, there could be no total loss, because a portion of it remained in specie and was of some value after the disaster. The judge refused so to rule, but on the contrary charged that other causes than those might entitle the plaintiffs to recover, as, for instance, if the hides were in such a condition that no prudent man would have taken them to ifew-York after the damage they had received.
Under this charge the jury were at liberty to find as they did, as…
2Cases cited5 opinions
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Maggrath v. ChurchNew York Supreme Court · 1803
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Saltus v. Ocean InsuranceNew York Supreme Court · 1817
- Neilson v. Columbian Insurance Co.New York Supreme Court · 1805