A digest of the cases decided and reported in the Supreme Court of Judicature and the Court for the Correction of Errors, in the state of New-York; ... the names of the cases, and a table of titl - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1815 Excerpt: ...there was no cause for breaking up the voyage; for the vessel might have returned to Madeira with little or no repairs. Ncilson v. Coluinl)ian Insurance Company, 1 Johns. Rep. 301. 236. A vessel insured was compelled, in consequence of a storm, to put in for repairs, and her cargo was taken out, and the principal part of it necessarily sold, in order to prevent its destruction; but the vessel might have been repaired for less than half her value, so as to have been competent to prosecule her voyage; it was held, that the loss of the voyage did not entitle the insured to recover for a total loss on the ship. Goold v. Shan; 1 Johns. Cas. 293. S C. affirmed in Error, 2 Johns. Cas. 442. 237. And whether, while the vessel is in safety, a breaking up_of the voyage, in consequence of injury to the cargo, will entitle the insured to a total loss on the ship 1 Quttre. Ibid. (c) Where tliere in a loss or deterioration of the sulject. 238. Where the goods saved do not amount to half the value of the oods insured, the insured may abandon. Gdrdiner v. Smilh, 1 Johns. Cas. 141. 239. A chariot was insured, to be carried on deck, among other perils, against jettison, and free from average; (he box, estimated at two thirds of the price of the whole, was thrown overbourd in a storm; the insured may abandon fora total loss, as, hy the loss of the box, the subject no longer remained in specie. Judalt v. Randal, 2 Caines' Cas. in Error, 324. 240. To justify an abandonment, in case of stranding, the good? must be deteriorated to half their value. Ludlow v. Columbian Insurance Company, I Johns. Ilep. 335. 241 The vessel, on board of which the goods insured were laden, stranded at the mouth of a harbour. Not being able to get her off immediately, the master, with the advice of per...
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