Skidmore v. Desdoity
New York Supreme Court
This was an action on a policy of insurance, upon “ all lawful goods and merchandizes,” on board of the schooner Fox, from New York to New Orleans, “against all risks," &c. Premium,, 13 per cent. Plea, the general issue. The plaintiffs were British subjects, and partners in trade, residing in the city of New York, and on the 31st of January, 1799, put on board the Fox, at New York, a hale of Russia sheeting, of the value of 475 dollars.
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This was an action on a policy of insurance, upon “ all lawful goods and merchandizes,” on board of the schooner Fox, from New York to New Orleans, “against all risks," &c. Premium,, 13 per cent. Plea, the general issue. The plaintiffs were British subjects, and partners in trade, residing in the city of New York, and on the 31st of January, 1799, put on board the Fox, at New York, a hale of Russia sheeting, of the value of 475 dollars. The vessel sailed on her voyage and was captured by a British cruiser, and carried into New Providence, ivhere the goods in question were condemned, under the…
1Per curiam
In the case of ¡Seton and others v. Low, (1 Johns. Cas. 1,) it was decided, that an insurance on lawful goods extended to all goods which it Was lawful by the Jaws of this country to export, and that.the insured was not bound to disclose to the insurer that the-^pods were of the description of contraband of war. "Whatever effect the difference of premium might have, to do ¿Way the presumption that the insurer took upon himself the risk of goods of this description without a special disclosure, the stipulation *78in the policy that the insurance was against all risks, must remove all doubt.
In the…
2Cases cited2 opinions
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
- Goix v. KnoxNew York Supreme Court · 1800
3Cited by2 opinions
- Atlantic Fruit Co. v. SolariDistrict Court, S.D. New York · 1916
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835