United Insurance v. Lenox
New York Supreme Court
This was an action for money had and received. Plea the general issue. It was tried at the last July circuit, in the city of New York, when a verdict was found for .the plaintiffs, for 1167 dollars, subject to'the opinion of the court on the following case : The ship Josiah' Collins was insured by the plaintiffs, at and from Bangor, in Wales, to New York. . She sailed .on the voyage insured1, and after being ten days .at sea, was forced, by stress of weather, and the…
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This was an action for money had and received. Plea the general issue. It was tried at the last July circuit, in the city of New York, when a verdict was found for .the plaintiffs, for 1167 dollars, subject to'the opinion of the court on the following case : The ship Josiah' Collins was insured by the plaintiffs, at and from Bangor, in Wales, to New York. . She sailed .on the voyage insured1, and after being ten days .at sea, was forced, by stress of weather, and the injuries she had received, to bear away, and put into Rivadeoj in Spain. The assured, upon hearing that the ship was at…
1Opinion of the CourtRadcliff, J.
In our law, freight is considered as a distinct subject of insurance. It is never deemed to be included in a policy, either on a ship or cargo. The different interests which form the subjects of insurance, are regarded as several in their nature, and independent of each other. From this single consideration, I think it follows, that an insurer upon a ship can in no event be liable for any damage or loss sustained by the freight or cargo which he did not insure, and e converso, in case of the loss of the ship, he can in no event gain by means of the freight or cargo.
The effect of an…
2Cited by5 opinions
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- Center v. American InsuranceNew York Supreme Court · 1827
- Hammond v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1826
- Hughes v. Sun Mutual InsuranceNew York Court of Common Pleas · 1883
- Weston v. MinotU.S. Circuit Court for the District of Massachusetts · 1847