New York Supreme Court, 1811

Robertson v. Columbian Insurance

Robertson v. Columbian Insurance
New York Supreme Court · Decided October 15, 1811
8 Johns. 491
Robertson v. Columbian Insurance

Opinion of the Court

Per Curiam,

There was no necessity for going from. Teneriffe to Madeira. It was sailing on a different voyage from the one insured.. The master went there to sell his cargo; and for the same reason, he might have gone to Lisbon. It was a voluntary deviation from the voyage zmentioned in the policy. Nothing but necessity, or an apprehension of danger, could excuse his departure from the usual and direct route to Bonavista; and as this part of the voyage xyas abandoned and never commenced, the plaintiff is entitled to a return of the one per cent, premium mentioned in the policy, and no more.

Judgment accordingly. .

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