Whitney v. New-York Firemen Insurance
New York Supreme Court
THIS was an action on a policy of insurance upon the freight of the ship Samuel Whitney, W. E. Whitney, master, on a voya§e from Archangel lo Mew York, dated November 22, 1815. The policy was valued, and the sum insured 1 J 1 vvas 8,000 dollars, at a premium of three and a half per cent. 1 ‘ , T_ • .. The cause was tried before Mr. Justice Yates, at the J\ ex-Tr , „ ..
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THIS was an action on a policy of insurance upon the freight of the ship Samuel Whitney, W. E. Whitney, master, on a voya§e from Archangel lo Mew York, dated November 22, 1815. The policy was valued, and the sum insured 1 J 1 vvas 8,000 dollars, at a premium of three and a half per cent. 1 ‘ , T_ • .. The cause was tried before Mr. Justice Yates, at the J\ ex-Tr , „ .. York sittings, io April, 1819. The ship sailed on her voyage from Archangel, on the 21st of August, 1815, with a cargo consisting of hemp, linens> sa^ cloth, glassware and iron. From the 13th of September lo the 5lh of October,…
1Opinion of the CourtPlatt, J.
To sus-, tain such an'action on a policy for freight, the plaintiff must prove, that the ship was disabled by the perils insured against; and that the cargo could not have been carried from the port of necessity to the port of destination, for one half the freight valued in the policy. The rule is now perfectly established, that a policy on freight does not insure the soundness of the goods, but merely their safe cárriage to the port of destination. It is immaterial to the insurers whether the cargo arrive in good, or in bad condition, provided the goods specifically remain. If they perish…
2Cited by5 opinions
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Jordan v. Warren Ins.U.S. Circuit Court for the District of Massachusetts · 1840
- Boardman v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1888
- Williams v. Kennebec Mutual InsuranceSupreme Judicial Court of Maine · 1850
- Wallerstein v. Columbian InsuranceThe Superior Court of New York City · 1865