The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-12
Alleged F1llbusterIng.
ACTION ON AN INSURANCE POLICY FOR THE LOSS OF
MUNITIONS OF WAR INTENDED FOR TIE INVASION
OF CUBA.
StFEkIUk tUUKI-FAKI hEUUND.
Before Hon. Judge Duer and Jury.

SUPERIOR couRT-PART SECOND.
Before Hon. Judge Duer and Jury.
pkc. 1--Akzdnder Hitchcock and VIM. Burroughs, Jr,
the atlantic Mutual Insurance Conpany-This ceebrat-
ed suit which terminated abruptly last term, ater
days and half in consequence Of OF the jurors "a
Dutchman) suddenly discovering that he did under
stand the English language again before the Court and
likely to occupy days in the hearing. It is action
policy Of insurance effected with the defendants by
Mr. Appleton 0aksith, quantity Of guns, pistols and
munitions Of intended for tho invasion Of Cuba and
shipped board the American bark Victory the 18th
December, 1854, which vessel was wrecked on that
voyage The plaintiffs, who assgnees of Mr.. Oak
smith, state that the latter of the Victory and
the cargo then board of her. and of certain goods and
merchandise about to be placed board Of her, and
that the defendants, in consideration of a premium
paid by 0aksmith, made a policy OF insurance
upon certain goods and merchandise then laden
or 10 be laden board Of the Victory on a
and thence TO Vera Cruz Port Prince Aux Cages
another port ST. Domingo and thereby promised to
insure for oaksmi,h the sum Of $4,000 all kinds Of
lawful merchandise goods laden 10 be laden that
vessel for the proposed voyage against the pers OF the
and other pers specified in the policy; that the VIC
sailed from New York the 22d OF December, 1854
ant whilst proceeding her voyage lost together
with all her goods and merchandise; the defendants
fuse pay the amount insured for, and the plaintiffs
si5 600
The estimated amount OF the loss Is about $50 ooo
which has been insured in different Offices
The defendants contend that IL vas the duty OF Oak
smith ON making the application for the policy of nsur
TO communicate the facts within his knowledge
which would tend to show the true character and value
Of the risks meant 10 he covered by the insurance. that he
did do but concealed from the defendants the real
nature OF the risks which would have influenced them in
determining whether they would assume the risks, and
at what rate Of premium he (oaksmth) concealed from
the defendants the fact that the Victory and her cargo
greatly exposed 10 suspicion and arrest, detention
and condemnation before leaving any port in the United
States, and also UPON the high seas, entering de-
parting from any foreign port; that the same
cargo had been exposed TO be lost or used
previous voyage, and subject 70 such damage and
deterioration left 10 be detected and separated from
loss damage deterioration occurring the voyage
sought 70 be insured could not be detected and separae
and that the cargo after such exposure had been
amined 20 ascertain whether had been injured used
lost The defendants also contend that the contemplated
voyage illegal one and that at the time the voyage
was commenced, military expedition had been set
foot within the Territory and Jurisdiction Of the United
States 10 be carried against the domnions Of foreign
State and Of colony people not known 70 the defen-
dans but with which the United States then at peace
and the voyage started for and the cargo intended
be used for tho mears Of that military expedition. Tho
board the Victory parts OF frandulenty taken
from the vessel before she sailed with and
temptation in case Of loss Of obtaining payment from the
defendants and other underwriters, ignorant Of such
movai, for not actually taken the voyage That
0aksmh, the Of the vessel did not provide
and NJ her out in seawotby manner for such voyage
take sufficient that the should be properly
prosecuted and that ~ Of such omissions and
neglect the vessel and cargo encountered pers which
they should not have been exposed The defendants also
set up that they bold promssory notes Of Appleton Oak
April 1885, which they claim a act OF against any da-
images the plaintiffs may recover.
There t great array of counsel Ex-Judge Dean ap-
pears fr the plaintiff and Messrs. Cutting ~ Lord u II.
lord and others for the defendants The has
been days, and will IN all probability, occupy the
greater part OF next week.