Le Roy v. Gouverneur
New York Supreme Court
This was an action on a policy of insurance on goods shipped on board the Anne and Mary, at and from New York to Madeira. The plaintiffs declared for a total loss, by the perils of the sea.
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This was an action on a policy of insurance on goods shipped on board the Anne and Mary, at and from New York to Madeira. The plaintiffs declared for a total loss, by the perils of the sea. On the trial before Mr. Justice Kent, at the last March circuit, in the city of New York, a special verdict was found which, as far as the facts are material to be noticed, stated that the policy was subscribed by the defendant, on the 10th September, 1798; that it was accompanied with the usual memorandum in cargo policies, by which, among other things, grain of all kinds was warranted by the assured, “…
1Per curiam
There is no doubt that the plaintiffs are entitled to recover a proportion of the general average occasioned by the jettison. The ship, freight and cargo, must contribute to this loss. The claim for a total loss depends On the construction to be given to the exception in the memorandum, “ free from average unless general.” • The French writers, Yalin, Emergion and Pothier, consider it as protecting the underwriter from every partial, but not against any total loss.
The English construction is. that the protection extends to all losses except an actual, as distinguished from a techni*273cal total…
2Cited by5 opinions
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