Marine Insurance v. United Insurance
New York Supreme Court
THIS was an action for money bad and received to the use plaintiffs. A verdict was taken, by consent, at the June sittings, in the city of Nem-York, for a nominal sum, subject to , . . . , _ _ . . , the opinion oi the court, upon the following case; the amount to be adjusted upon such principles as the court might direct, in case judgment should be given for the plaintiffs, In the year 1806, an open policy of insurance was underwritten by the defendants, on the interest of…
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THIS was an action for money bad and received to the use plaintiffs. A verdict was taken, by consent, at the June sittings, in the city of Nem-York, for a nominal sum, subject to , . . . , _ _ . . , the opinion oi the court, upon the following case; the amount to be adjusted upon such principles as the court might direct, in case judgment should be given for the plaintiffs, In the year 1806, an open policy of insurance was underwritten by the defendants, on the interest of William Wood, in the car enterprise, amounting to 12,000 dollars, from Bormux *° New-York. The residue of the cargo,…
1Per curiam
The question first to be considered is, whether any freight was earned, or became due to the shipowner, for if it be once admitted that there was such an acceptance of the cargo, as to entitle the shipowner to freight, the rule by which this freight is to be apportioned, appears to be settled with us, by the case of The United Insurance Company v. Lenox. (1 Johns. Cases, 377. 2 Johns. Cases, 443.) The principle contained in the final decision of that case is, that the freight, prior to the loss, goes to the shipowner, or to his representative, the insurer on freight, to whom it was abandoned,…
2Cited by5 opinions
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- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Callender v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1813
- Hammond v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1826
- Weston v. MinotU.S. Circuit Court for the District of Massachusetts · 1847