Hughes v. Sun Mutual Insurance
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
I think the complaint . in this case was erroneously dismissed. The general rule is, in respect to the carriage of goods by sea, that if they are delivered at .the port of destination, however much they may be damaged, unless it arose from the act of the carrier, freight is earned (Hugg v. The Augusta Ins. &c. Co.,7 How. [U. S.] 595; Griswold v. New York Ins. Co., 3 Johns. 322; 2 Phillips Ins. § 1643), and it would make no difference, I think, in the application of this rule in the present case, that the vessel was raised and brought with the cargo to the port…
2Cases cited14 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Manning v. . MonaghanNew York Court of Appeals · 1863
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
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