Snow v. Columbian Insurance
New York Supreme Court
THE defendants insured the schooner Caspian for one year, from 9th of September, 1864. The policy contained a warranty not to use ports in the British North American provinces, except between the 15th day of May and 15th day of August. On the 20th September, 1864, the schooner sailed from Boston, bound for Lingan, in Cape Breton, Nova Scotia, one of the British North American provinces, for a cargo of coals.
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THE defendants insured the schooner Caspian for one year, from 9th of September, 1864. The policy contained a warranty not to use ports in the British North American provinces, except between the 15th day of May and 15th day of August. On the 20th September, 1864, the schooner sailed from Boston, bound for Lingan, in Cape Breton, Nova Scotia, one of the British North American provinces, for a cargo of coals. On the 24th September, before reaching Lingan, the vessel was wrecked on the coast, near Louisberg, about fifty miles from Lingan. The defendants moved for a non-suit, which was denied,…
1Opinion of the CourtIngkaham, J.
The sole question in this case is whether the warranty not to use any ports in the British North American provinces, except between the' 15th May and 15th of August, was broken by sailing on a voyage from Boston to a prohibited port on 24th September, when the vessel was lost before .reaching the port.
■ I have to-some extent examined this question in Bearns v. The Columbian Ins. Co., decided this term, (a) but that case differs from this in the fact that here the loss occurred during the voyage from Boston to the prohibited port, while in the other case the damage happened in going in and out…
2Cases cited1 opinion
- Stevens v. . the Commercial Mutual Insurance CompanyNew York Court of Appeals · 1863
3Cited by1 opinion
- Wheeler v. New York Mutual InsuranceThe Superior Court of New York City · 1873