Walden v. Phœnix Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated the 18th December, 1807, on the ship Manchester, at and New-York to Havanna, valued at 10,000 dollars, warranted not to abandon, if detained or captured,, until af^er a detention of six months.
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THIS was an action on a policy of insurance, dated the 18th December, 1807, on the ship Manchester, at and New-York to Havanna, valued at 10,000 dollars, warranted not to abandon, if detained or captured,, until af^er a detention of six months. The cause was tried , » before Mr. Justice Spencer, at the New-York sittings, J /. ei . r the 7th * June, 1809. The ship set sail on the morning or the 25th December, and while proceeding on her voyage out of the harbour of New-York, she was, on the same day, stopped, at the Narrows, (which form the mouth of the harbour,) and brought back by the…
1Opinion of the Court 1
[Kent, Ch. J.
You need not argue on that point The reason appears to be too fanciful to be allowed anj weight in the cause.]
*319Again, how can it be said that the contract of assurance is dissolved by the embargo i. The defendants have received their full premium; and the policy must be .considered as valid and subsisting, as to every purpose and peril, except sailing during an embargo. The in'.sured does not undertake to sail at all events, but only in case they can lawfully depart; and the insurers engage to indemnify the insured, if they cannot'lawfully pro-ceed on the voyage insured, whereby…
Also in this document: Opinion of the Court · Thompson.
2Cases cited1 opinion
- United Insurance Co. of New-York v. RobinsonNew York Supreme Court · 1805
3Cited by11 opinions
- Martin v. ZellerbachCalifornia Supreme Court · 1869
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- Reynolds v. Nichols & Co.Supreme Court of Iowa · 1861
- Guenther v. DewienSupreme Court of Iowa · 1860
- Lemon v. GrosskopfWisconsin Supreme Court · 1868
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