The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-19
COURT OF COMMON PLsAs-;eNERAL TERM.

Important Insurance Case-AIi About Cotton.
Before Chief Justice. DAILY. Judges Robinson and
J. f. DAILY.
The Great Western Insurance Co. Us. Richard A.
kfnson ana Henry J. HeWdt.-Ths action was tried
before Judge Van Brunt and jury in May 1870
resulting In the Court directing pro to,7na verdict
for plaintiffs for the sum OF $19361 in currency and
the case now comes before the General Term on the
exceptions OF the defendants. The action was
commenced May 25 1867, to recover for the loss OF
nineteen bales OF cotton insured by the defendants.
a marine insurance company In New York. under
had issued I'd January. 1885, and which, by endorse
ment of successive addirional amounts, had
Of the policy insured .R. AtSnson Con- account t
to them In the gold currency OF the United States.
at and from Columbus ana other ports and places In
to port or ports in Great Britain On cotton to cover
all shipments their own or consigned to them, in
which they have an interest. by vessels sailing on
time OF Shipment, and also to cover the risk OF fire
on cotton in transit while waiting Shipment" The
enumeration OF pers insured against includes
'barratry Of the master and mariners" "valucd at
$3.50 per bale, unless otherwise agreed" ..All APP
respects to this policy, the same as II endorsed
thereOn' also ITO cover such other risks may be
approved and endorsed hereon."
BY a subsequent endorsement, "March s, 1885, 1t ia
understood and agreed that this policy covers from
the interior OF the State OF Georgia via the Atlantic
on the 3lst october, 1866, the plaintiffs reported TO
the defendants risk to be covered by the policy
England valued at $26, 26O gold. This was entered
on the pass book. BY the established course OF
ants had been In the habit OF issuing when applied
for BY the paintins negotiable certificates OF nsur
ance nnder tne pocy wcn INV was done IN ms case
OF r. Atkinson q Co. endorsed on this certncate
which IS to be surrendered to this company. 1t Is
understood and agreed that this certificate repre-.
and takes the place OF this policy CONVEYS
all the rights OF the original policy holders tfor
as fully as the was Covered By
special policy direct to The owner OF tins
a The 0m aoa any Sse, a Of @
were purchased at Augusta by Branch Sons Co.,
OF that place. for account Of the plaintiffs, and by
bark Victoria ]. n Robson, for Branch, Sons 81
The master of the Victoria gave clean bill OF lad
ing for the whole, but seventy-seven OF the bales
weni orward Nv me iv Abcrt arrvng saie anu
Liverpool. Ninety other bales OF the 202 being the
ninety bales IN question, were taken by the Victoria
and carried on deck. On the voyage these were
"jettlsOnedn IN storm. The plaintiffs IN New York
had no knowledge OF the shipment on deck until
the Victoria at Liverpool. and the defendants had
no knowledge OF It. The rate OF premium was
a the cargo %nqer and eo ae
would he three times as much as for the
same cargo under deck. Street Brothers 4 Co., Of
Charleston, were agents OF the owner or the vessel
st. Juan Laroche, OF Santa Cruz, Teneriffe; ana
Manuel Llorca, the mate, was authorized by him TO
act as supercarg0. street Brothers knew Of the
ladng Of the cotton on deck, and stated TO the cap
tain that, he had given clean bills OF lading TOR
the cargo, he was bound to carry the cotton under
deck or 70 provide Tor 1t on deck by extra insur
ance; that the insurance taken by clean bill OF lad
ing would not DOVER the cotton on deck The bill
Of lading In the margin stated that the policy was
insured In the open policy OF X. Atkinson Co..
the palntids. BY arrangements between the cap
tain and supercargo. the latter, before sailing
wrote TO the consgnees OF his owners In London
stating that the cotton was on deck, and requesting
them TO insure the same for $1,000 gold, for ac-
count OF the vessel. The case argued at length
YESTERDAY aud decision reserved.