Wheeler v. New York Mutual Insurance
The Superior Court of New York City
Verdict by the direction of the court, subject to the-opinion of the General Term. The defendants on the 26th February, 1869, by a policy bio. 20,587, insured for the plaintiff the schooner “ Thomas Holcombe,” from the 24th day of February, 1870, to the 24th day of February, 1871. The policy contained a warranty not to use foreign ports or places in the Gulf of Mexico.
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Verdict by the direction of the court, subject to the-opinion of the General Term. The defendants on the 26th February, 1869, by a policy bio. 20,587, insured for the plaintiff the schooner “ Thomas Holcombe,” from the 24th day of February, 1870, to the 24th day of February, 1871. The policy contained a warranty not to use foreign ports or places in the Gulf of Mexico. On the 15th day of May, 1870, the vessel sailed from the port of blew York in ballast, bound for the port of Frontera, Mexico, for which port she had on the 14th day of May been duly cleared. The port of Frontera is a foreign…
1Opinion of the Court
By the Court.—Van Vorst, J.
The only question to be determined, and upon which the plaintiff’s right to recover depends, is whether there was a breach of the warranty, on the part of the assured u not to use foreign ports, or ports in the Gulf of Mexico.” When the vessel ran aground, she was seven hundred miles from the prohibited port, her objective point.
The defendant claims, that, directly the vessel sailed on her voyage towards the prohibited port for which she had cleared, the warranty was broken, and she ceased to be under the protection of the policy of insurance.
This view of the law…
2Cases cited2 opinions
- Snow v. . Columbian Insurance Co.New York Court of Appeals · 1872
- Snow v. Columbian InsuranceNew York Supreme Court · 1867