Tucker v. Juhel & De Longuamare
New York Supreme Court
THIS was an action on a policy of insurance upon ten hogsheads of Sugar, specified in the margin of the P°^c7’ on board of the ship Charlotte, at, and from Antigua to New.York. At the trial, before his honor, Mr. Justice Radcliff, at the New-York Sittings, the 10th April, 1802, a verdict was found for the plaintiff, for a total loss, subject to the opinion of the court, On the following case.
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THIS was an action on a policy of insurance upon ten hogsheads of Sugar, specified in the margin of the P°^c7’ on board of the ship Charlotte, at, and from Antigua to New.York. At the trial, before his honor, Mr. Justice Radcliff, at the New-York Sittings, the 10th April, 1802, a verdict was found for the plaintiff, for a total loss, subject to the opinion of the court, On the following case. Qn tjle 23d day of October, 1799, the defendants under-J wrote the policy to the plaintiff, for 500 dollars, at a premium °f n™e Per centi The sugars were valued at 1600 doljars. The policy contained a…
1Opinion of the CourtThompson, J.
now delivered the opinion of the court. The claim in this case is for a total loss, by capture. The policy provides against subjectingthe underwriters to any loss, which may happen by reason of any illicit, or prohibited trade. The right of the assured to recover, will depend on the question, whether this was an illicit trade. The assured endeavours to bring himself within the permission given, by the proclamation of the 6th of April, 1/99, in the island of Antigua, to allow the exportation of sugars, upon certain conditions.
(Here the judge stated thefacts in the cause, and thenprocceded. J
The…
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