Radcliff v. United Insurance
New York Supreme Court
THESE were actions on two open policies of insurance; one on the vessel, and tife other on the cargo, of the brig called the William Tell, dated 16th December, 18O~, "at and from 1V~w-Thrk to St. Lucar." The policies.' contained the following written clauses: " Warranted American property; proof whereof, if required, to be made here only. In case of capture or detention, not to abandon in less than six months after ~dvice thereof at this office, or until after condemnation.
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THESE were actions on two open policies of insurance; one on the vessel, and tife other on the cargo, of the brig called the William Tell, dated 16th December, 18O~, "at and from 1V~w-Thrk to St. Lucar." The policies.' contained the following written clauses: " Warranted American property; proof whereof, if required, to be made here only. In case of capture or detention, not to abandon in less than six months after ~dvice thereof at this office, or until after condemnation. The insurers take no risk of a blockadod port; but if turned away, the assured to be at liberty to proceed to a port…
1Opinion of the Court
Keht, Ch. J.
delivered the opinion qf the court. These causes were argued by the counsel upon paper, and as the questions which they involve are interesting, I have given the subject a very particular consideration.
The two principal questions are, 1. Was the capture, under the circumstances that attended it, a risk within the policy, admitting St. Lucar to have been a blockaded port ? 2. Was St. Lucar at the time of the capture, a blockaded port ?
I have stated the points in this order; for if the first question be determined in favour of the plaintiffs, the examination of the second becomes…
2Cases cited2 opinions
- Williams v. SmithNew York Supreme Court · 1804
- Goix v. KnoxNew York Supreme Court · 1800
3Cited by8 opinions
- Whiton v. Albany City InsuranceMassachusetts Supreme Judicial Court · 1871
- Doe ex dem. Magruder v. RoeSupreme Court of Florida · 1869
- United States v. Aluminum Co. of AmericaDistrict Court, S.D. New York · 1939
- Vos v. United InsuranceNew York Supreme Court · 1801
- The DeltaDistrict Court, S.D. New York · 1862
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