Hubbell v. Great Western Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. Until an abandonment was proved plaintiff could only recover for a partial loss of freight unless the court found that freight ivas not earned and did not accrue upon the portion of the cargo landed.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are set forth sufficiently in the opinion. Until an abandonment was proved plaintiff could only recover for a partial loss of freight unless the court found that freight ivas not earned and did not accrue upon the portion of the cargo landed. (2 Arn. on Insurance [2d Am. ed.], *1052.) The question whether freight is lost or earned cannot be affected by the circumstance that the insured being…
1Opinion of the CourtRapallo, J.
This is an action on a policy of insurance upon the freight of the ship Tartar on a voyage from Calcutta to 27ew York. The insured value of the freight was *250$25,000. The ship went ashore on Deal Beach about fifty miles from her port of destination and proved a total loss. About two-thirds of her cargo were taken out of her while she lay on the beach, by the Coast Wrecking Company, and transhipped on steamboats and safely delivered at the port of destination, where they they were sold and the proceeds received by the insurers on cargo, to whom an abandonment had been duly made. The question…
2Cases cited8 opinions
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- Davy v. HallettNew York Supreme Court · 1805
- Post v. NeafieNew York Supreme Court · 1805
- Allen v. . the Mercantile Mutual Ins. Co.New York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- St. Paul Fire & Marine Ins. v. Pacific Cold Storage Co.Court of Appeals for the Ninth Circuit · 1907
- Hughes v. . Sun Mutual Ins. Co.New York Court of Appeals · 1885
- Federal Insurance v. CowenNew York Supreme Court · 1989
- Hughes v. Sun Mutual InsuranceNew York Court of Common Pleas · 1883
2 more not listed; retrieve them via the Exa API.