Bradhurst v. Columbian Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the ship Dean, dated the 22d July, 1809, from New-York to Bremen, with liberty to touch at Amsterdam, or Rotterdam,' or Tonningen, a market; if turned away, to have liberty to go to a near open • ^ ^ i port, where she may be admitted; valued at three thousand dollars, the sum insured, being one half the ship ; “ warranted American property; if captured or detained, the insured not to abandon, if the property is released m six…
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THIS was an action on a policy of insurance on the ship Dean, dated the 22d July, 1809, from New-York to Bremen, with liberty to touch at Amsterdam, or Rotterdam,' or Tonningen, a market; if turned away, to have liberty to go to a near open • ^ ^ i port, where she may be admitted; valued at three thousand dollars, the sum insured, being one half the ship ; “ warranted American property; if captured or detained, the insured not to abandon, if the property is released m six months after advice is received here and notice thereof; free from seizure in port” The plaintiffs averred a loss by the…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
The loss of the ship is to be attributed to the perils of the sea. She was forced into the Texel, by distress and danger, arising from tempes-» tuous weather; and when she was ready to depart, she was strand-1 ed and lost in consequence of a storm. The only real question in the case is, whether the loss of the ship is to be borne as a general average, to which the plaintiffs, as owners of a portion of the cargo, as well as of ship and freight, are to contribute. But the better opinion is, that this is not a case for contribution, and that there…
2Cited by8 opinions
- Lewis v. WilliamsThe Superior Court of New York City · 1829
- Caze v. ReillyU.S. Circuit Court for the District of Pennsylvania · 1814
- Aktiebolaget Malareprovinsernas Bank v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
- Slater v. Hayward Rubber Co.Supreme Court of Connecticut · 1857
- Mutual Safety Ins. v. Cargo of the GeorgeDistrict Court, S.D. New York · 1845
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