Richards v. Marine Insurance
New York Supreme Court
THIS was an action on a policy of insurance on goods, “ laden or to be laden on board the schooner called the Beaver,” &c. from Nevitas, in the island of Cuba, to NezvYork, “ beginning the adventure, &c. from and immediately following the loading thereof on board of the said vessel at Nevitas, in Cuba.” The cause was tried at the New-York sittings, on the 53d April, 1806, before Mr. Justice Spencer.
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THIS was an action on a policy of insurance on goods, “ laden or to be laden on board the schooner called the Beaver,” &c. from Nevitas, in the island of Cuba, to NezvYork, “ beginning the adventure, &c. from and immediately following the loading thereof on board of the said vessel at Nevitas, in Cuba.” The cause was tried at the New-York sittings, on the 53d April, 1806, before Mr. Justice Spencer. The vessel sailed from Nezv-York, on the 6th September, 1802, with a cargo of flour, lard, See. She arrived at Nevitas, but was permitted to sell a small part only of her outward cargo there, and…
1Opinion of the CourtSpencer, J.
delivered the opinion of the court. 1 continue to be of the same opinion I gave on the trial of this cause, that the policy never attached. Since the decision of the case of Graves and Scriba v. The Marine Insurance Company, I should have supposed the point at rest in this court. It cannot be necessary to reiterate an opinion on facts so precisely similar. This policy declares the adventure to be “ upon goods and merchandizes from and imnie*309diately following the lading thereof on board the said vessel at Nevitas.” Now no goods were so laden, but the cargo had been on board from the time of the…
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