Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 3 (9781130338836)

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. 1860 Excerpt: ...one of the plaintiffs was frequently at the ship while unlading at NetoYork. For the plaintiffs, it. was contended, that it was a settled principle of the law of insurance, that whenever a voyage is broken up, or defeated by any of the perils insured against, the insured has a right to abandon; that by the facts in the present case, it was manifest that the voyage was wholly defeated; for if the cargo had been reshipped, and sent to its port of destination, it would inevitably have been so much deteriorated, as not to be worth the freight. It was found to be the invariable usage never to reship damaged flour. There was then such a destruction of the cargo, as wholly to defeat the object of the voyage. It would be unreasonable to oblige the insured to send on a cargo in a perishable state, and which would certainly be worth nothing at the port of delivery. That the vessel was repaired and ready to carry freight, could make no difference, if there was no cargo to be carried. There must be a cargo as freli as a ship, for freight is the joint result of both. If the cargo had, from necessity, been thrown overboard at sea, and lost, no freight would have been earned, and the defendants would have been liable. There was, then, no difference whether the goods were absolutely and totally lost by the perils of the sea. or so much damaged as to be worth nothing at the port of destination. If the owner of the goods had a right to 325 abandon them to the insurer, the plaintiffs had a right also to abandon the freight. Every commercial enterprise is made with a view to gain, at the port of destination. That is the object the owner intends to insure. Now when there is a moral certainty, and it is found as a fact, that the goods would be of no value at the destined port, w...

Product details

• Format Paperback | 222 pages
• Dimensions 189 x 246 x 12mm | 404g
• Publication date 01 Mar 2012
• Publisher Rarebooksclub.com
• Publication City/Country Miami Fl, United States
• Language English
• Illustrations note Illustrations, black and white
• ISBN10 1130338835
• ISBN13 9781130338836

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