Chadsey v. Guion
The Superior Court of New York City
Appeal by defendant from judgment and from order denying motion for new trial. This was an action upon a policy of marine insurance. A cargo of potatoes had been insured “ free from particular average.” While the canal boat that contained the cargo was moored to the dock, after her arrival at Yonkers, to which the insurance was made, she was sunk by a storm. The cargo was submerged, with the exception, as the testimony left doubtful, of a small part of the cargo.
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Appeal by defendant from judgment and from order denying motion for new trial. This was an action upon a policy of marine insurance. A cargo of potatoes had been insured “ free from particular average.” While the canal boat that contained the cargo was moored to the dock, after her arrival at Yonkers, to which the insurance was made, she was sunk by a storm. The cargo was submerged, with the exception, as the testimony left doubtful, of a small part of the cargo. This happened on January 1, and notice of abandonment was given on January 4. On the, trial the plaintiff claimed that the…
1Opinion of the Court
By the Court.—Sedgwick, J.
As to cases like the present, of goods insured free from particular average, Wallerstein v. Columbian Insurance Co. (44 N. Y. 222) did not hold that when part only of the goods have been landed after a disaster, the insurer will remain liable, if the part is so damaged as to be without value. It decided that when the ship sank with the coffee on board, there was a total loss of the coffee. The opinion should be referred to, to ascertain whether this was determined on rules applicable to actual or to constructive loss. It was on the latter, probably. The opinion…
2Cases cited2 opinions
- Walden v. Phœnix InsuranceNew York Supreme Court · 1810
- Toker v. PollakNew York Court of Appeals · 1978