Mallory v. Commercial Insurance
The Superior Court of New York City
This case came before the Court upon exceptions taken on the trial of the cause, before Mr. Justice Pdereepomt and a Jury, on the 13th day of January, 1860, and which were directed to be heard in the first instance at the General Term, judgment being in the meantime suspended.
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This case came before the Court upon exceptions taken on the trial of the cause, before Mr. Justice Pdereepomt and a Jury, on the 13th day of January, 1860, and which were directed to be heard in the first instance at the General Term, judgment being in the meantime suspended. The action was brought by Charles Mallory, Charles H. Mallory, Charles Grinnell, Elihu Spicer, Jr., Samuel Willetts, Robert Willetts and David S. Willetts, against The Commercial Mutual Insurance Company, upon a policy of insurance on freight, valued and on time. The form of the policy employed was the ordinary printed…
1Opinion of the CourtRobertson, J.
It is plain from the language of the written clause in the policy in question, which determines the employment of the vessel whose freight is the subject of insurance therein, that such employment is controlled by a trade and not mere voyages. A trade between places comprehends voyages between them, but may include something more; especially when so wide a latitude is given to its boundaries as the principal ports in the United States and Europe^ and the Pacific and Indian oceans and Ohina seas.
*109The principal if not only embarrassment in interpreting the clause in question, arises from the…
2Cases cited1 opinion
- Child v. Sun Mutual InsuranceThe Superior Court of New York City · 1849