New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-17
LAW INTELLIGENCE


A QUESTION TO TIRE CONSTRUCTION OF A ma
RISE POLICY OF Insurance.
wOodrus Co at TIE Commercial Mutual insurance &c
Action upon q marine policy of insur ance, BY which
defendant insured for plaintiffs 1858 sacks OF wheN.
for the sum of s34, i6o. The wheat shipped ~
New Orleans, on board the ship roclon bound foe
voysge encountered gs'es, in Of which, -
abe was on the edge Of the Gulf, abe shippea heavy
every thing deck being afoat, and Il was inn
possible for half hour to pass from at forward
Tie batchhouse was stove and the veutatcr vas
washed away that the aperture OF foot squsro a.
open for some twenty minutes The water during that
time pouring down upon the wheat The vessel also
made water, and the rolling Of the ship dashed THE
water against and through the lover tiers o the cargo.
On her arrival this port found that the entire
shipment Of wheat Damaged 90 that II was 6t Only
OF this the Insurance Company admitted liability Of
g. 499 H. having accrued from the actual conact Of
a.w water by . peril, which sun they paid But
they denied their liability for the balance near elO Oo,
empted them om liability unless the damage occurred
by actual contact ofse water. The clause on which
they rely is Of modern orgu and s now inserted In al
New. York marine policies. II i ~ follows; frr.
Warranted BY the insured free from damage or In
jury from damppess change Of flavor, or being spot
ted, dscolored, musty or moldy, except caused BY
actn contact Of water with the article damaged,
occasionsd by pers. In case OF partial lcss by
the lOes shall be ascertaned by separation and sale
Of the PORTION only of the contents OF the packages 80
damaged, and not otherwise sod the same practise
shall obtain 10 all other merchandise ~ fax ~ prsa
ticable."
The plaintiffs contend that the defendsnts cannot
draw the Dir between that POI ton Of the wheat that
actually touched by sea water, and that which,
though il may not have been actually touched BY tho
water, was yet In consequence, heated and injured;
that IT. by seaper sea-wa'er actually came In con-
tact with any part of the wheat oil the consequence
thereof to the rect of the wheat are within tho aent ~
the policy.
No adiudcations are to be found giving construo-
ton 10 this Glance and the question involved, nom III
novelty and Importance. has excited much attention
the part well Of those who have occasscu 10 Oh
tain policies as Of the Underwriters themselves.
The cause Is ttn en-. For plaintiffs, L. X. Marsh and
&. OCon,r. For defendants W. ID. Booth and y.
B. Cutting.
SUPREME COURT-srgcr.L TEwx-Drc iS.-Befors Jadss
HoosEvELr.
"6oED BILL" oPsRArIos.
Edgar W. vori. ss,. d. A. Mcer.sy and 2. Armour
This bill is filed to get rid of the consequences Of an
"SGgs fraud and 5s 0s,
stefan the town Of Ne~ Rochre sud from thai e'roos
stance Z Pr, ;s%sd Would ssy. The SSs TO s,s, ',s
q tho stsei Enshsne where's, the dsena.n' he y.
% on, o. % S1 . m VIII to """
The add The attendant Ncer;dy also alleged were
Dor but The family phy .csn the latter and such mailing
aoss. y't. both friendly and 10 bis aou.s l. a.:
the Hnh .. Assg. the .s: 'S1 "ss
scs RIs:: cola isI;i s Mum.
nsit being three dollar, share The doctor esiae
thu sn q that Ss .. q m .Ss
after Sm M; :c,,d, ,'SD ind sa ~ IN b. snsss
sosSps, provided Si%.f With tss sees..ry asn al,
Is termed Of s25 for porch..e Of Eve hundred sss,.: and
west here y. in this Gold Hd" Mecrsdy at bis
,ssl The End aadSs to T.. ss
presence both conversations took plsce) wa. ther.
s Of eoSsSsnes in regard e item 10 Mecdy July
md 1 ss.. ssn Is. Ss
susd ass'. in The s,a'I sst 's as:. =, s
S oad. or .liis asludsd BY o,Ss,. '
Lad made s srsd pupesa :, the rate s@ss
fs. .sss i w. *. x. a.
.%:.sc.: SRI si;0e fa'.ss TO January ~ iSd'''"'
.uis p Ys,i.. '' ts S s S :Gs@ i
Ss b :sa :s .s that . Ss
:fssS 6 !;Gys.d p : ':se.Isa; e u: % ::s
% Dr. BAD ss e. casss.:. ss
1s .s s' i.ss % At'; CO.. g.
that numb. Bet the hi.
.sd pit 81 ;.s ssi I'D 10 p fs III
i Ru1s 1s.ss y :, p ss.
less ,fs ads IN el.eudon q Dr. vo s erdsssn ale
" .ese lis'i ts ..l ss
The sivsD. And the question rsde the ,Ce"m-
stste.s can MeCredy charge the stg With price
ofto,r fs. burdso 'h,s n,e.,ersas mad- Q" h, h:
Doctor,l account d. b. Sso'-f,s,, tssne
IL 81 so.b fui whether purchase .Ity days "ssers
option within the authority delesSs 20 b'g .eeond
because stopped By bs Sh vrfbss and WV
sTyfnx tho eoDti insssso
ORD ~. r. @ sns a.
collars ter share and thirdly b.cs.s COT .soppe nyn
rov be las bet proved mai tue par Ass wtgh s~
mad. "a dserl, the rep1ss Ia t-th pufohsss
DR. yor, n hnssL In <hss b. contract so
mi. .p.x.r athoa<h u ". and
Dsips' expsns,hp 9Th. tr.gsstoo,
Il no, IN a., e present system ~ prccsdUr such evacs In
b q. f.yor q the copi PIT upoo ssy sars'y any
nil as osftAiay Doe, nirs AAi mos ~roos wee
ID an hat 10 hro~ the oss n this spn ii. ssdsn
VIM al he ssn b.A there sken voud pr.sby have
,or. 20 pssrt's 70 hts<ssip5 ys, ve~tns
,hs .tter udiei.ly tsperd decide thai tho deeass
s.,stD,esd gndei zoe eirenu zssees hoSsys. sad
the Of that which ~
fsrs IRON the the Cor5. deem proper - csuss
the 5.ier dart viu sitfss Suterest eoss
Jrdsmentto refund pay aad
UNITED STATKa CIRQUE COURT -Dsc H-~Re6ss
600. Judge BALL.
Il n 49,