Van Valkenburgh v. Astor Mutual Insurance
The Superior Court of New York City
This is an appeal by the plaintiff from a judgment, at Special Term, in favor of the defendants. The action was on a policy of insurance upon goods, at and from New York by steamer or steamers to Chagres, at and thence by the usual conveyances across the Isthmus, at and thence by steamer or steamers to San Francisco.
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This is an appeal by the plaintiff from a judgment, at Special Term, in favor of the defendants. The action was on a policy of insurance upon goods, at and from New York by steamer or steamers to Chagres, at and thence by the usual conveyances across the Isthmus, at and thence by steamer or steamers to San Francisco. The goods, upon their arrival at San Francisco, were found to be greatly damaged by water, and it was for the recovery of this loss, as occasioned by the perils of the sea, that the action was brought. It was tried, by the consent of the parties, before Mr. Justice Bosworth,…
1Opinion of the Court
April 11th, the Judges delivered their opinion, seriatim.
Bosworth, J.
The Judge before whom this action was tried, found as facts that, the goods insured were damaged while being carried in a flat boat up the Chagres river, by being saturated with water while being transported in said flat boat.
That such water entered and came within said flat boat, by reason of the leaking thereof, during such transportation of the goods. That such damage was not, nor was any part of it, caused by rain or spray.
The conclusion of the Judge, on these facts, in the absence of all evidence of any violent storm,…
2Cases cited5 opinions
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
- American Insurance v. Ogden & M'CombNew York Supreme Court · 1836
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Donnell v. Columbian Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1836
- Coles v. Marine Ins.U.S. Circuit Court for the District of Pennsylvania · 1812
3Cited by2 opinions
- Hathaway v. Sun Mutual InsuranceThe Superior Court of New York City · 1861
- Howard v. Orient Mutual InsuranceThe Superior Court of New York City · 1864