Henshaw v. Marine Insurance Co.
New York Supreme Court
On a policy of insurance upon the body of the brig Friendship, “ at and from Newry, in Ireland, to New York.” Previously to the sailing of the vessel, the master, in conjunction with the agents of the assured, entered into a written contract to land some passengers at Halifax, in Nova Scotia, under a penalty of five hundred pounds.
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On a policy of insurance upon the body of the brig Friendship, “ at and from Newry, in Ireland, to New York.” Previously to the sailing of the vessel, the master, in conjunction with the agents of the assured, entered into a written contract to land some passengers at Halifax, in Nova Scotia, under a penalty of five hundred pounds. The vessel, however, cleared out at Newry for New York, but in proceeding down' the St. George’s or Irish channel, and before she bad readied the dividing point to turn off tc Halifax, she struck on a rock, in consequence of which it was, after consultation, deemed…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of tne court. The court are of opinion that the previous intention to touch at Halifax did not make it a different voyage, as the termini, as well as the substantial object of the voyage described in the policy, and of the voyage upon which the vessel sailed, were the same. This point is considered as settled in the English law, by the cases of *Carter v. Royal Ex. Ass. Co., 2 Stra. 1249; Thellusson v. Ferguson, Doug. 346, (361 of 3d ed.;) Kewley v. Ryan, 2 H. Bl. 343, and Middlewood v. Blakes, 7 D. &. E. 162. The same question arose in this court in the case…
2Cited by2 opinions
- Ma. In. Co. of Alexandria v. J. and Jh TuckerSupreme Court of the United States · 1806
- Fernandez v. Great Western InsuranceThe Superior Court of New York City · 1865