Gracie v. New-York Insurance
New York Supreme Court
THIS was an. action on an open policy of insurance, dated the 8th of May, 1807, on the cargo of the American ship. Mary, Richards master, on a voyage “ at and from New-York to An twerp; ii blockaded, to a porjt not blockaded,” “ upon coffee in casks, sugar, and ashes.” “Warranted not to abandon, if captured, until condemnation, or until after a detention of six months after advice is received of her capture. The exporter, not the • mi . -1 1 . , _ ímporter.
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THIS was an. action on an open policy of insurance, dated the 8th of May, 1807, on the cargo of the American ship. Mary, Richards master, on a voyage “ at and from New-York to An twerp; ii blockaded, to a porjt not blockaded,” “ upon coffee in casks, sugar, and ashes.” “Warranted not to abandon, if captured, until condemnation, or until after a detention of six months after advice is received of her capture. The exporter, not the • mi . -1 1 . , _ ímporter. Ihe cause was tried at the New-York sittings, be- * ° fore Mr. Justice Yates,, in May, 1814, subject to the opinion of 7 v7 ? J i the…
1Opinion of the CourtPlatt, J.
The plaintiff claims as for a total loss, under a policy of insurance upon the cargó of the ship Mary, on a voyage “at and from New-Yorlc to Antwerp; if blockaded, to a port not blockaded,” “ Warranted free from seizure, for, or ' on account of, any illicit or prohibited trade.”
On her voyage the ship was captured by an English privateer, *166find carried into Portsmouth, where she was liberated by a de* 'CrcC °f admiralty, and then pursued her voyage. ■
On the 21st of July, 1807, she arrived at Antwerp, and moored off the city.
About the 1st Of September, 1807, the cargo was landed at Antwerp ;…
2Cited by4 opinions
- Higginson v. PomeroyMassachusetts Supreme Judicial Court · 1814
- Church v. . SimmonsNew York Court of Appeals · 1880
- De Caumont v. RazinesAppellate Division of the Supreme Court of the State of New York · 1899
- Fiske v. CobbMassachusetts Supreme Judicial Court · 1856