American Insurance v. Ogden & Macomb
Court for the Trial of Impeachments and Correction of Errors
This was an action on a policy of insurance originally brought by Ogden and Macomb, in the New York Superior Court, against the defendants, as underwriters on three-fourths of a schooner, in the names of Ogden and Macomb, as the agents of the owner, loss payable to them.
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This was an action on a policy of insurance originally brought by Ogden and Macomb, in the New York Superior Court, against the defendants, as underwriters on three-fourths of a schooner, in the names of Ogden and Macomb, as the agents of the owner, loss payable to them. The policy was for six months from, the 17th of November, 1829; sum insured, $1,800. The vessel sailed on the 26th of November, on a voyage from New York to Charleston, thence to Norfolk, and thence to St. Thomas in the West Indies. While going into Charleston harbor, and while the vessel was in charge of a pilot, the small…
1Dissent
Bronson, J., dissented,
on the ground that the want of funds in the port of destination, was not of itself, a suffi*267cient ground of abandonment, and under the circumstances, was the fault of the assured.
From this decision the defendants brought error.
In the Court of Errors, Walworth, Chancellor, and Verplanck and Wager, Senators, delivered opinions in which they fully concur with the decision of the Supreme Court on the point of seaworthiness. The Chancellor thus concludes his remarks on that part of the case : “ And in the recent case of Hollingsworth v. Broderick, 1 London Jurist, p. 430, in…
2Cases cited7 opinions
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
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