Leitch v. . Atlantic Mutual Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Yew York affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon two policies of marine insurance, one for cargo, mahogany and fustic, the other upon specie specified as “ Mexican doubloons,” alleged to have been taken on board the brig Paquet de Tampico on a voyage from Laguna via Minatitlan to Yew York.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Yew York affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon two policies of marine insurance, one for cargo, mahogany and fustic, the other upon specie specified as “ Mexican doubloons,” alleged to have been taken on board the brig Paquet de Tampico on a voyage from Laguna via Minatitlan to Yew York. The specie, as plaintiff’s evidence tended to show, was taken on board secretly at Laguna and was placed in the “run” of the vessel under the hallast. The vessel…
1Opinion of the CourtAllen, J.
The question Of most prominence, as it is this most important, is as to the validity of the policy upon the gold and the rulings of the learhed judge at the trial in respect to it. There is no conflict of evidence or substantial dispute, ás to the facts upon which it's validity is challenged by the defendant. The claim is that the specie was hot stored on board the vessel in the usual and Customary place, for the carriage of freight of that description, but that it was placed in an unusual part of the vessel, by which the peril was greatly increased and the risk essentially varied from thát…
2Cases cited3 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Maryland Insurance Company v. Le Roy, Bayard & M'eversSupreme Court of the United States · 1812
- Appleby v. . Astor Fire Ins. Co.New York Court of Appeals · 1873
3Cited by12 opinions
- Cornish v. . Farm Buildings Fire Ins. Co.New York Court of Appeals · 1878
- Cary v. . Home Insurance Co.New York Court of Appeals · 1923
- Ball v. SkinnerSupreme Court of Iowa · 1907
- Traders' Insurance v. CatlinIllinois Supreme Court · 1898
- Reves v. HydeNew York Court of Common Pleas · 1888
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