Fontaine v. Phœnix Insurance
New York Supreme Court
THIS was an action on two policies of insurance on the brig called the Elisa, and her" cargo, at and from New-York to Bordeaux. The cause was tried at the New-York sittings, in November, 1811, before Mr. Justice Pan Ness. The Elisa sailed from New-York the 1st November, 1811, on the voyage insured. ■ The master of the Elisa testified, that oh the 12th December, in lat. 45, 20 north, and 8 west of London, she was boarded by the British frigate Cambrian, and warned off.
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THIS was an action on two policies of insurance on the brig called the Elisa, and her" cargo, at and from New-York to Bordeaux. The cause was tried at the New-York sittings, in November, 1811, before Mr. Justice Pan Ness. The Elisa sailed from New-York the 1st November, 1811, on the voyage insured. ■ The master of the Elisa testified, that oh the 12th December, in lat. 45, 20 north, and 8 west of London, she was boarded by the British frigate Cambrian, and warned off. At the time the Elina was boarded, she was in great distress for want of fuel and candles; the oil and Candles having been…
1Per curiam
A ship, tobe seaworthy when she sails,'must, among other things, be provided with all necessary stores for the voyage. From the deposition of the mate, it appears very clearly, that the brig Elisa was not duly provided with the essential articles of firewood and oil, or candles. The great distress arising from the want of these articles, evidently retarded the voyage in the Bay of Biscay. She could not carry full sail at night, from the difficulty of seeing the compass; and if the weather had been dark and tempestuous, she would have been exposed to the greatest danger. She likewise kept…
2Cited by6 opinions
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Walsh v. Washington Marine InsuranceThe Superior Court of New York City · 1865
- Fernandez v. Great Western InsuranceThe Superior Court of New York City · 1865
- Rogers v. Sun Mutual InsuranceThe Superior Court of New York City · 1880
- Warren v. United InsuranceNew York Supreme Court · 1801
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