Patrick v. Hallett & Bowne
New York Supreme Court
THIS was an action on a policy of insurance, dated the 31st of December, 1796, on the vessel called the Peggy, at and from Turks-Island to New-York. The plaintiff declared for a total loss by the perils of the sea. The cause was tried at the New-York sittings, April, 1805, before Mr. Justice Thompson; and the defendants demurred to the evidence produced on the part of the plaintiff.
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THIS was an action on a policy of insurance, dated the 31st of December, 1796, on the vessel called the Peggy, at and from Turks-Island to New-York. The plaintiff declared for a total loss by the perils of the sea. The cause was tried at the New-York sittings, April, 1805, before Mr. Justice Thompson; and the defendants demurred to the evidence produced on the part of the plaintiff. The mate of the Peggy who was examined under a commission, deposed, that she remained at Turks-Island three days, and sailed from thence on the 12th of November, 1796, laden with salt for New-York. When she sailed…
1Opinion of the Court
Court.
We shall adhere to that decision, unless a demurrer to evidence, or any new facts, make a difference in the case.
Livingston, J.
Whatever doubts may have once existed in England respecting an underwriter’s liability, in case of a vessel not being sea-worthy, when the risk commences, it is now well settled there, as well as in every other commercial country, of whose laws we have any knowledge, that this is an implied warranty in every contract of insurance. If it, however, turns out, that she is not so, or in other words, not in the condition to encounter the ordinary perils of the voyage…
2Cited by8 opinions
- Galloway v. United StatesSupreme Court of the United States · 1943
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Snethen v. Memphis InsuranceSupreme Court of Louisiana · 1848
- Hathaway v. Sun Mutual InsuranceThe Superior Court of New York City · 1861
- Kermani v. Insurance Co. of North AmericaAlbany City Court · 1932
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