Insurance Co. v. Gossler
Supreme Court of the United States
Error to the Circuit Court of the United States for the "District of Massachusetts. • The plaintiff, the. Delaware Mutual Safety Insurance Company, was insurer of a cargo of sugar on board .the “ Frances,” from Java to Loston. After leaving her port of departure, the vessel encountered a hurricane, which compelled her to proceed to Singapore, where she was repaired and fitted to continue the voyage.
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Error to the Circuit Court of the United States for the "District of Massachusetts. • The plaintiff, the. Delaware Mutual Safety Insurance Company, was insurer of a cargo of sugar on board .the “ Frances,” from Java to Loston. After leaving her port of departure, the vessel encountered a hurricane, which compelled her to proceed to Singapore, where she was repaired and fitted to continue the voyage. To meet the expenses of repairs, the master was obliged to borrow at Singapore the sum of $26,055.43, Singapore currency, and to execute, on the twelfth day of July, 1872, a bottomry bond for that…
1Opinion of the CourtJustice Clifford
Maritime hypothecations had their origin.in the necessities of commerce, and they are said to be the creatures of necessity and distress. l> When properly authorized and duly executed,' they are of a high and privileged character, and are held in' great sanctity by maritime courts. The Vibilia, 1 W. Rob. 1; The Rhadamanthe, 1 Dod. 201; The Hero, 2 id. 139; The Kennersley Castle, 3 Hagg. 1.
Instruments of hypothecation are usually executed by the master, he being regarded as the agent of the owner; the rule being that the owner .is bound to the performance of all lawful ' contracts made by the…
2Cases cited5 opinions
- Thomas v. OsbornSupreme Court of the United States · 1856
- The Ship Virgin v. VyfhiusSupreme Court of the United States · 1834
- The AuroraSupreme Court of the United States · 1816
- The DracoU.S. Circuit Court for the District of Massachusetts · 1835
- Burke v. The M. P. RichU.S. Circuit Court for the District of Massachusetts · 1859
3Cited by9 opinions
- Zeitlin v. ArneberghCalifornia Supreme Court · 1963
- Andreasen v. Two Hundred & Ninety-Five Thousand Feet of LumberDistrict Court, D. Massachusetts · 1894
- Force v. Providence Washington Ins.District Court, S.D. New York · 1888
- Miller v. O'BrienDistrict Court, S.D. New York · 1894
- Barnes v. The "Kongo"Court of Appeals for the Sixth Circuit · 1949
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