Gracie v. Bowne
New York Supreme Court
This was an action on a policy of insurance on coffee, part of the cargo of the ship Arethusa, from Jeremie, in the West Indies, to Baltimore, or Hew York, valued at 20 cents per pound. By the bill of lading the coffee was to be delivered at Baltimore, paying two cents per pound freight, a note in the margin, declaring “ that the freight was to be calculated, and paid on the “ weight of the custom-house, at Baltimore.”
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This was an action on a policy of insurance on coffee, part of the cargo of the ship Arethusa, from Jeremie, in the West Indies, to Baltimore, or Hew York, valued at 20 cents per pound. By the bill of lading the coffee was to be delivered at Baltimore, paying two cents per pound freight, a note in the margin, declaring “ that the freight was to be calculated, and paid on the “ weight of the custom-house, at Baltimore.” The only matter in contest at the trial was, whether the coffee being estimated at twenty-five cents per pound, in the policy, the loss should be calculated on the English or…
1Opinion of the CourtSpencer, J.
The only question arising in this cause is, whether the weight of the articles insured is to be considered French or American ?
*32The difference between them as stated, and admitted by the case, is agreeable to the standard, eight per cent, that is to say, eight per cent, is added to the American, on the French weight, to ascertain the weight according to our standard.
In the construction of policies of insurance, the intention of the parties is to be sought from the circumstances attending the transaction, and the usage of the trade.
This policy was subscribed in New York, and it appears to us…
2Cited by1 opinion
- Maxwell v. EasonSupreme Court of Alabama · 1828