Robinson v. Marine Insurance Co.
New York Supreme Court
THIS was an action on a policy of insurance on the freight of the schooner Sukey and Polly, on a voyage, at and from New-Orleans to Cape-Nicolas-Mole, and at aa , . -a. , , „ , , I he plaintiffs were th» sole owners of the schooner, and chartered her at New-Orleans, for the voyage, to on® Benjamin Morgan, who had put on board a full car- §°> fright of which, if the voyage had been performed, would have amounted to the sum insured.
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THIS was an action on a policy of insurance on the freight of the schooner Sukey and Polly, on a voyage, at and from New-Orleans to Cape-Nicolas-Mole, and at aa , . -a. , , „ , , I he plaintiffs were th» sole owners of the schooner, and chartered her at New-Orleans, for the voyage, to on® Benjamin Morgan, who had put on board a full car- §°> fright of which, if the voyage had been performed, would have amounted to the sum insured. The vesse* sailed on the voyage with the cargo, and while prosecuting the same, was obliged, by the perils of the sea)to g° to Kingston in Jamaica, where she was…
1Opinion of the Court
Kent, Ch. J.
The general question in this case is, whether the plaintiffs are entitled to recover for a total, or for a partial loss of freight.
It is now too late to deny or disregard the rule, that freight pro rata itineris is due, when a ship, by reason of perils, goes into a port short of her destination, and is unable to prosecute the voyage, and the goods are there received by the owner. An implied assumpsit to pay for the labour performed, and service rendered, is raised by the acceptance of the goods at such intermediate port.— The case of Luke v. Lyde, is said to have adopted this *325rule…
2Cases cited1 opinion
- Williams v. SmithNew York Supreme Court · 1804
3Cited by17 opinions
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Foley v. William Mason & Son ex rel. BirckheadCourt of Appeals of Maryland · 1854
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- Gordon & Walker v. LittleSupreme Court of Pennsylvania · 1822
- Bork v. NortonU.S. Circuit Court for the District of Illinois · 1841
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