Reade v. Commercial Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on the ship Frances Ann, on a voyage from New-Tork to Bourdeaux and back to New-Tork. The cause was tried at the New-Tork sittings, the 12th oí December, 1807, before Mr. Justice Spencer. September, 1807, and had on board a number of Frenchmeni as passengers, some of whom were sent home on The vessel sailed from New-Tork through the Long-Island Sound.
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THIS was an action on a policy of insurance, on the ship Frances Ann, on a voyage from New-Tork to Bourdeaux and back to New-Tork. The cause was tried at the New-Tork sittings, the 12th oí December, 1807, before Mr. Justice Spencer. September, 1807, and had on board a number of Frenchmeni as passengers, some of whom were sent home on The vessel sailed from New-Tork through the Long-Island Sound. The master testified that he was instructed by his owners to take that course, in order to avoid the chance of detention or delay, by British ships of war, two or three of which were then cruising off…
1Opinion of the CourtVan Ness, J.
There are two questions in this cause.
1. Was the going to sea through the Sound, under the circumstances of this case, a deviation ? And,
2. ,Are the defendants liable for the marine interest on the money borrowed on bottomry at Bourdeaux P
There are two passages to sea from the port of New~ York; one by the Sound, and the other by the Narrows. The former has of late years been frequently pursued, but the latter is used in far the greater number of cases, and is the most usual and ordinary course for vessels, sailing from the port of New-York on a foreign voyage.
In every contract of marine…
2Cited by5 opinions
- Snyder v. . Atlantic Mutual Ins. Co.New York Court of Appeals · 1884
- The Eliza JaneDistrict Court, D. Massachusetts · 1847
- Leland v. MedoraU.S. Circuit Court for the District of Massachusetts · 1846
- Robertson v. United InsuranceNew York Supreme Court · 1801
- Furniss v. The MagounDistrict Court, S.D. New York · 1844