American Insurance v. Dunham & Wadsworth
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Dunham and Wadsworth brought an action against the American Insurance Company, in the superior court of the city of New-York, on three policies of insurance upon the vessel, cargo and freight of a schooner, to recover the damages and expenses incurred in procuring the liberation of the vessel and cargo from a seizure at Porto Cabello, in Columbia, for a violation of the laws of the country prohibiting the importation of tobacco and cigars, and…
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Error from the supreme court. Dunham and Wadsworth brought an action against the American Insurance Company, in the superior court of the city of New-York, on three policies of insurance upon the vessel, cargo and freight of a schooner, to recover the damages and expenses incurred in procuring the liberation of the vessel and cargo from a seizure at Porto Cabello, in Columbia, for a violation of the laws of the country prohibiting the importation of tobacco and cigars, and for an intended fraud on the revenue, by reason of certain artides found in the possession oi the master not being…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
The policies in this case contain the usual clause of insurance against barratry by the master or mariners, and the warranty, usually inserted in the New-York policies against loss by seizure on account of illicit or prohibited trade, or trade in articles contraband of war. The loss was unquestionably occasioned by the barratry of the master and some of the mariners. Barratry by the master of *11a vessel may be defined to be, any act of the master to the injury of his owners or freighters, without their assent, which is criminal in itself,…
2Cases cited4 opinions
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
- Suckley v. DelafieldNew York Supreme Court · 1804
- Bowne v. ShawNew York Supreme Court · 1803
3Cited by1 opinion
- New York Firemen's Insurance v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1799