De Longuemere v. Phœnix Insurance

10 Johns. 127 | N.Y. Sup. Ct. | 1813

Per Curiam.

This policy was on the freight of the Ethda, *128on the voyage mentioned in the former case. The ship had only a part of her cargo on board, when the loss happened; but as the freight was valued at the sum insured, "carried or not carried," there cannot be a question, but that the plaintiff is entitled to re~ cover as for a total loss, notwithstanding a full cargo was not on board.

Motion denied.