Legal Opinion

Treadwell v. Union Insurance Co.

New York Supreme Court

Decided August 15, 1826PublishedCited by 3 opinions

Assumpsit upon a valued policy of insurance, dated September 22d, 1823, on part of 800 bushels of wheat, on board the schooner Lodge, Farrow, master, on a voyage at and from North-Carolina to New-York, containing the clause, “ the captain at liberty to act as pilot,’1 and the common memorandum, by which, among other things, grain of all kinds is warranted free from average, unless general.

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Assumpsit upon a valued policy of insurance, dated September 22d, 1823, on part of 800 bushels of wheat, on board the schooner Lodge, Farrow, master, on a voyage at and from North-Carolina to New-York, containing the clause, “ the captain at liberty to act as pilot,’1 and the common memorandum, by which, among other things, grain of all kinds is warranted free from average, unless general. The cause was tried at the New-York circuit, January 3M> 1825> bef°re EDWARDS, C. Judge, On the trial, the plaintiffs proved, that on the 13fA of September, 1823, the schooner sailed with the wheat on…

1Opinion of the Court

Curia, per

Woodworth, J.

Three points are raised by the defendants :

1. That the vessel was not sea worthy ;

2. That the master was guilty of so many and great de? lays, as amounted to a deviation ;

3. That the voyage was broken up, on account of the state of the cargo ; and not from the impossibility of procuring another vessel, to send on the cargo to New-York.

As to the vessel, it is satisfactorily made out, that she was tight, staunch and strong, on the 13fA of September, 1823. Having received her cargo onboard, she sailed on her voyage to New-York, down Perquimions river, from a place at or…

2Cases cited3 opinions

  1. Miller v. DrakeNew York Supreme Court · 1803
  2. Schieffelin v. New-York InsuranceNew York Supreme Court · 1812
  3. Saltus v. Ocean InsuranceNew York Supreme Court · 1815

3Cited by3 opinions

  1. Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
  2. Braithwaite v. AikinNorth Dakota Supreme Court · 1891
  3. Spaids v. New York Mail Steamship Co.New York Court of Common Pleas · 1869

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