De Longuemere v. Phœnix Insurance

New York Supreme Court

De Longuemere v. Phœnix Insurance

10 Johns. 127

CourtNew York Supreme Court

DecidedJanuary 15, 1813

StatusPublished

Cited by2 cases

This text of 10 Johns. 127 (De Longuemere v. Phœnix Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Longuemere v. Phœnix Insurance, 10 Johns. 127 (N.Y. Super. Ct. 1813).

Pincite

Opinion

Per Curiam.

This policy was on the freight of the Ethda, [128]*128on the voyage mentioned in the former case. The ship had only a part of her cargo on board, when the loss happened; but as the freight was valued at the sum insured, "carried or not carried," there cannot be a question, but that the plaintiff is entitled to re~ cover as for a total loss, notwithstanding a full cargo was not on board.

Motion denied.

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Per Curiam.

This policy was on the freight of the Ethda, [128]*128on the voyage mentioned in the former case. The ship had only a part of her cargo on board, when the loss happened; but as the freight was valued at the sum insured, "carried or not carried," there cannot be a question, but that the plaintiff is entitled to re~ cover as for a total loss, notwithstanding a full cargo was not on board.

Motion denied.

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Bluebook (online)

10 Johns. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-longuemere-v-phnix-insurance-nysupct-1813.

Opinion

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