Ogden v. General Mutual Insurance
The Superior Court of New York City
Appeal from a judgment at special term, denying a motion' on behalf of the defendants for a new trial, upon exceptions taken upon the trial. The cause was tried before the Chief Justice and a jury, in February, 1850. The action was upon a policy of insurance, executed by the defendants.
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Appeal from a judgment at special term, denying a motion' on behalf of the defendants for a new trial, upon exceptions taken upon the trial. The cause was tried before the Chief Justice and a jury, in February, 1850. The action was upon a policy of insurance, executed by the defendants. By the policy, the defendants insured the plaintiff to_the amount of $10,000, “against total loss only,” upon the freight of goods, laden or to be laden on the ship St. Patrick, which was -valued at $48,000. A technical total loss of the vessel was to constitute a total loss of freight. It was expressly…
1Opinion of the CourtBy the Court. Bosworth, J.
The construction given to this policy by the charge to the jury, treated it as a policy upon freight as an integral subject, and not upon the several items of freight upon the distinct and separate parts of the cargo shipped by different shippers. The freight insured was treated as a totality, and the jury were instructed, that, if the undamaged goods, instead of being transhipped in other vessels, had been retained and carried on in the St. Patrick, “there could be no recovery in this action; the ship would then have earned a part of her freight, and there could not have been a total loss.”
Th…
2Cases cited1 opinion
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
3Cited by4 opinions
- Worth v. MumfordNew York Court of Common Pleas · 1855
- Howard v. Astor Mutual InsuranceThe Superior Court of New York City · 1859
- Kinsman v. New York Mutual InsuranceThe Superior Court of New York City · 1859
- Robertson v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1874