Rugely v. Sun Mutual Insurance
Supreme Court of Louisiana
from the Fifth District Court of New Orleans, Buchanan, J. Where the vessel is lost or disabled, and the cargo is saved, and the master has the means and power of transhipping and sending on the cargo, a loss, caused by his neglect to do so, cannot be recovered of the insurer. 9 Johnson, 21. Ib. 17. 4 Wendell, 45, S. C. 7 Cowan, 504. 1 John. 335. 5 Binney, 595. 7 Howard, 595.. The sale was unnecessary and illegal.
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from the Fifth District Court of New Orleans, Buchanan, J. Where the vessel is lost or disabled, and the cargo is saved, and the master has the means and power of transhipping and sending on the cargo, a loss, caused by his neglect to do so, cannot be recovered of the insurer. 9 Johnson, 21. Ib. 17. 4 Wendell, 45, S. C. 7 Cowan, 504. 1 John. 335. 5 Binney, 595. 7 Howard, 595.. The sale was unnecessary and illegal. The doctrine is well settled, that a sale of goods cannot be made unless in a case of absolute and supreme necessity, such as sweeps “ all ordinary rules before it.” 1 Arnould, 191.…
1Opinion of the Court
By the court :
Smbeul, J.
The plaintiffs sue for $7500, the value of one hundred and twenty-five bales of cotton, insured by the defendants under a valued policy on *280a voyage from Matagorda, in Texas, to New Orleans. The schooner Velasco, in which they were shipped, left Matagorda Bay on the 24th June, 1851, returned to the Bay, on the 26th, in a sinking condition, and, for the purpose of saving the cargo, was beached. The persons who assisted in bringing her in made a claim for salvage, which was submitted, by the captain, to arbitration. A survey was called, and a sale of the cotton…
2Cases cited1 opinion
- Talcot v. Commercial Insurance Co.New York Supreme Court · 1807
3Cited by1 opinion
- McKern v. Corporation of Royal Exchange AssuranceOregon Supreme Court · 1917