New-York Firemen Insurance v. Lawrence
Court for the Trial of Impeachments and Correction of Errors
THIS was an action on a policy of insurance, by which the defendant in error, and his former co-partner, Henry Whitney, deceased, were insured in the sum of 20,000 dollars, at a prem*um °f 10 per cent., to return 11 per cent, if the risk ended at Gothenburg, without loss, upon goods on board the ship Atlantic, Charles Jayne, master, for a voyage at and from New-York to Gothenburg, and at and from thence to one port in the Baltic or N orth Sea, not south of the river Jade,…
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THIS was an action on a policy of insurance, by which the defendant in error, and his former co-partner, Henry Whitney, deceased, were insured in the sum of 20,000 dollars, at a prem*um °f 10 per cent., to return 11 per cent, if the risk ended at Gothenburg, without loss, upon goods on board the ship Atlantic, Charles Jayne, master, for a voyage at and from New-York to Gothenburg, and at and from thence to one port in the Baltic or N orth Sea, not south of the river Jade, with liberty of discharging ’ , , J. ./ , • , I the cargo, m whole or in part, at either port she might go to. A * .r 0 0…
1Opinion of the Court
The Chancellor.
Two questions arise upon this case ; 1. Whether the determination of the assured while at Gothenburg to go to Petersburg was not binding, so as to render Petersburg the port of destination equally as if it had been originally inserted in the policy ?
2. Whether the determination at Carlsham to abandon Peters-burg,| and go to Stocholm, and the sailing for Stockholm in pre*55ference of that determination, and under instructions to the master to that effect, was not an abandonment of the voyage insured so as to discharge the underwriter ?
1. Liberty was given to the assured, to select,…
2Cited by13 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Town of Hartland v. HackettSupreme Court of Vermont · 1884
- Hess v. SmithAppellate Terms of the Supreme Court of New York · 1896
- Akerly v. VilasU.S. Circuit Court for the District of Western Wisconsin · 1872
- Hopf v. United States Baking Co.Superior Court of Buffalo · 1892
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