Wallerstein v. Columbian Insurance
The Superior Court of New York City
This action was brought to recover $20,000 upon an open policy of insurance, made in February, 1862, whereby the defendants insured the plaintiffs “ on merchandise free of particular aver age,” by vessels from ports in Europe to New York, risks to be reported for indorsement as soon as known to the assured. In January, 1863, the plaintiffs reported for indorsement 801 bags of coffee, and sixty-four bales of wool, from Havre to New York, by the ship Mortimer Livingston.
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This action was brought to recover $20,000 upon an open policy of insurance, made in February, 1862, whereby the defendants insured the plaintiffs “ on merchandise free of particular aver age,” by vessels from ports in Europe to New York, risks to be reported for indorsement as soon as known to the assured. In January, 1863, the plaintiffs reported for indorsement 801 bags of coffee, and sixty-four bales of wool, from Havre to New York, by the ship Mortimer Livingston. The indorsement was made accordingly, the defendants adding to the indorsement of each parcel the words u free from…
1Dissent
McCunn, J. (dissenting.)
This action is on the ordinary printed policy of insurance, with the words, “ free of particular average,” inserted in the manuscript. The policy covered 801 bags of coffee, part of the cargo of the ship Mortimer Livingston, bound from Havre to New York. On the 24th of January, 1863, in approaching the Capes of Delaware, at midnight, in a terrific gale, the ship was driven on a lee shore and totally lost. Weeks after the ship foundered, a portion of the coffee was fished from the bottom of the sea, rebagged, and brought by wreckers employed by the company to this city.…
2Cases cited4 opinions
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Saltus v. Ocean InsuranceNew York Supreme Court · 1817
- De Peyster v. . Sun Mutual Insurance CompanyNew York Court of Appeals · 1859
- Whitney v. New-York Firemen InsuranceNew York Supreme Court · 1820