The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-24

IMPORTANT IN6URANOE CASE.
JuM 2S.-Hesry @ De Rkom a~d WiUiam Moore, ".
TAs NeO York In.sramce Compa~y.-rhs plaintiffs in this
action complain that they effected IN Insurance With the
quantity Of cotton and rice. 107 bales Of cotton marked
r. R., and l06 bales Of cotton with various marks, snd
On 81 ti ;aa% q riSs, e b. p conveyed on A. the sh bark Nay
valued at as, 42S. The amount claimed is $4,000, being
hall the insurance the other half being insured in an
countered . severe hurricane, by the violence Of which .
large quantity of the cotton and rice was damaged, aud
sixty six bales totally lost. The defendants admitted
their liability for All the damages except for the loss Of
the sixty-si bales of cotton. and they adjusted and paid
to the plaintiffs, for all but those. the sam Of ~ o42 20.
They contend that the ~sixty-six bales of cotton we're not
slowed in the hold, or under the matches Of the
May Flower, but were placed on the deck Of the
vessel ct the time Of the alleged loss. The de
PENDANTS therefore say that such bales OF cotton were
not goods and merchandise laden on board, and were not
protected by the policy OF insurance, Toe case has oc.
Geo. F. Belts appeared for the plaintiff, and Messrs.
Hiram Ketchum. A. l.. Robertson and Richard Emmett for
the defendants. Counsel having summed up at conside-
rable length,
Judge Paine proceeded to charge the jury. He said
This case involves important questions of law and fact,
and the question OF law remains unsettled, having been
discussed and differently construed. 1t is not my pur-
pose to pronounce any opinion on the Law by which | in.
Bringing the case before a full bench, where it can be de-
hberately argued ana considered, and the law properly
settled. l do not think it conducive to the ends OF JUS
tice to give any decisive opinion in the case; bat ! do
consider 1T conducive TO the ends Of justice to charge
you az / do, IN order TO bring up the case to another
CouIs Aueie II ouy II quosIiou VI i6ct III IL case,
which is ~simpliheS by the opinion l shall give you
on the question of law. The question of law
raised by the plaintiff is, that it is sufficient
for him to recover, # there is q usage between Savannah
and Antwerp to ship cotton below deck or on deck, when
q clear bill Of laden is given that it is under deck. The
plaintiff contends that it is sufficient if he proves this.
Tn the other side it is said it is not sufficient, that he
must chow not only such Q usage between the shipper
and insurer to treat it as on deck, but he must also bring
home such q usage TO the knowledge of the Insurance
Company, and that they became paroles to it, and it was
done with their cognlzance and approval, as well as that
Of the shipper. The plaintiff, no wevsr, says that the in
surers and insured are bound to know all the usages
in that trade. But it is for me to dispose of the ques-
tion of law and to show you the question Of fact you
have TO dispose OF. Al to the question of law, |
charge you that If you are OF oDinion that the gen.
eral usage Of trade between Savannah and Aat.
werp is TO load merchandise on deck when 1t is ship
ped IS q cargo below deck. and may be put below
or on deck. The goods In this case are covered by this
policy. and l dispose of the question of law in favor of
the plaintiff, by saying that it is not necessary that he
should bring home to the insurance company q know
ledge of. or acquiescence in, that usage, but that it is
esough to show that such q usage exists between the
shipper and insurer. This cuts off sill inquiry as to
whether the insurers were acquainted with the usage,
and places in your hands the question of fact whether
between the insurers and shippers it was the usage Of
trade when there was q clean bill OF laden, or it vas said
that the goods we're shipped under deck, they might be
such a usoge exists you Will then find for the plaintiff,
and If such q usage does not exist you will fad for the
The jury are to bring in q sealed verdict.