Robinson v. Marine Insurance Co.
New York Supreme Court
This was an action on a policy of insurance, on the schooner SuJcey and Polly, on a voyage “from New-Or-jeans ¡;0 Cape Nichola Mole, and from thence to one other port, say Port Republican, Cape Francois, or the island of St. Thomas, against sea-risks only.” The policy was in t^ie usua' printed form. The plaintiff declared for a total loss by sea-riskr. The interest, loss, and abandonment were proved.
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This was an action on a policy of insurance, on the schooner SuJcey and Polly, on a voyage “from New-Or-jeans ¡;0 Cape Nichola Mole, and from thence to one other port, say Port Republican, Cape Francois, or the island of St. Thomas, against sea-risks only.” The policy was in t^ie usua' printed form. The plaintiff declared for a total loss by sea-riskr. The interest, loss, and abandonment were proved. The vessel sailed from New-Orleans on the voyage insured, on the 17th day of August, 1803, with a cargo of tobacco, wine, and rice. Nothing material occurred until the 18th day of September…
1Opinion of the Court
Kent, Ch. J.
I am of opinion that a deviation from necessity will excuse the assured, in case of an insurance against a particular risk, as well as in the case of a general insurance. This is so understood and settled in the English law,.as appears from the case of Green v. Elmslie, decided before Lord Kenyon at Nisi Prius, (Peake’s N. P. 212.) and especially from the case of Scott v. Thompson (1 Bos. & Pull. New Rep. 181.) in which Sir James Mansfield gave the opinion of the court of C. B. upon this very point. There is not, probably, any exception to be met with to the application of the…
2Cited by4 opinions
- Hazard v. GriswoldU.S. Circuit Court for the District of Rhode Island · 1884
- Bell v. LampreySupreme Court of New Hampshire · 1872
- Cole v. Union Mutual InsuranceMassachusetts Supreme Judicial Court · 1859
- Weld v. LockeSuperior Court of New Hampshire · 1846