Watson v. Marine Insurance
New York Supreme Court
THIS was a policy of insurance on the ship Two Marys, “ at and from Nezv-Tork^ until she should bé safely arrived at NanlzT At the foot of the policy, which was dated December 10th, 1807, there was the following written clause : “ Warranted by the assured American property, (proof whereof to be required here only,) and not to abandon in case of capture or detention, until six months after advice thereof is received at this office, or until after condemnation $ also free from…
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THIS was a policy of insurance on the ship Two Marys, “ at and from Nezv-Tork^ until she should bé safely arrived at NanlzT At the foot of the policy, which was dated December 10th, 1807, there was the following written clause : “ Warranted by the assured American property, (proof whereof to be required here only,) and not to abandon in case of capture or detention, until six months after advice thereof is received at this office, or until after condemnation $ also free from seizure or detention in port, and not to abandon in consequence of being turfied away, for having been carried into…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The counsel for the defendants object to the recovery ia this case, and contend,
1. That the vessel was seized in port within the true, intent and meaning of the policy.
2. That stopping at Belle-Isle was a deviation. -
*613. That many of the items contained m the account . . , , v i - •annexed to the case, were not chargeable to the insurer upon the vessel, and that they were at least the subject of a general average, or chargeable upon the ship, freight and cargo, in due proportions.
The two first objections are without any plausible force. The ship…
2Cases cited1 opinion
- Maggrath v. ChurchNew York Supreme Court · 1803
3Cited by6 opinions
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Potter v. Providence Washington Ins.U.S. Circuit Court for the District of Rhode Island · 1826
- Greely v. Tremont InsuranceMassachusetts Supreme Judicial Court · 1852
- Lord v. Neptune InsuranceMassachusetts Supreme Judicial Court · 1857
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