Williams v. Smith
New York Supreme Court
This was an action on a valued policy, on the cargo of the American ship Prosper, from New York to Algiers, with liberty to touch at Cadiz. Premium 15 per cent, with the usual clause against contraband, but in the margin was written “ on naval stores.” The cause came before the court on a motion for a new trial.
Read the full summary
This was an action on a valued policy, on the cargo of the American ship Prosper, from New York to Algiers, with liberty to touch at Cadiz. Premium 15 per cent, with the usual clause against contraband, but in the margin was written “ on naval stores.” The cause came before the court on a motion for a new trial. The case read, at the argument, occupied the court for an hour; but it is conceived the important facts which it presented are only these: The plaintiff was owner and master of the vessel, and part owner and consignee of the cargo. Tor this he had signed a bill of lading to deliver it…
1Opinion of the CourtKent, J.
A motion is made on the part of the defendants for a new trial:
1 Because Cadiz was blockaded, and the ship went in without necessity.
2. Because the fever is not a peril within the policy.
3. Because, at any rate, the plaintiffs are only entitled
to recover, as for a partial loss.
*1. On this first point, we are of opinion, that, on the fifth of July, when the ship entered the port of Cadiz, that port was not blockaded. There was no naval investment of the port; there were no ships there, so as to render it hazardous to enter. ■ The blockade had, in fact, been raised a few days before, in…
2Cited by4 opinions
- Lanasa Fruit Steamship & Importing Co. v. Universal InsuranceSupreme Court of the United States · 1938
- Radcliff v. United InsuranceNew York Supreme Court · 1810
- Brandyce v. United States Lloyds, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Lanasa Fruit Steamship & Importing Co. v. Universal Ins.Court of Appeals for the Fourth Circuit · 1937