Talcot v. Commercial Insurance Co.
New York Supreme Court
This was an action on a policy of insurance, on the cargo of the brig Hunter, on a voyage at and from Middletown, in Connecticut, to Martinique, and at and from thence to New-York, with liberty to touch at two other ports in the West-Indies, against sea-risks only — cargo out and proceeds home valued at 1,600 dollars.
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This was an action on a policy of insurance, on the cargo of the brig Hunter, on a voyage at and from Middletown, in Connecticut, to Martinique, and at and from thence to New-York, with liberty to touch at two other ports in the West-Indies, against sea-risks only — cargo out and proceeds home valued at 1,600 dollars. The cause was tried at the sittings in New- Yorlc, on the 5th June, 1806, before Mr. Justice Thompson ; and the only question was as to the seaworthiness of the vessel. The Hunter sailed from Neio-Haven, in the state of Connecticut, in the month of November, 1804, and on the…
1Opinion of the CourtSpencer, J.
A motion has been made in this case for a new trial, on the ground that it is a verdict against evidence. The only question presented is, whether the vessel was seaworthy *128at the time of the insurance, or, in other \vords,*whether she was “ tight; staunch and strong.”
The charge of the judge who tried this cause is not detailed ; of course we are to presume, that it was unexceptionable, and- that he submitted the broad question of seaworthiness to the jury as a matter of fact for them t.o decide. The question now presented is not free from, difficulties, notwithstanding the case of Patrick v.…
2Cases cited1 opinion
- People v. BartowNew York Supreme Court · 1826
3Cited by3 opinions
- Peter v. SteelSupreme Court of Pennsylvania · 1801
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835
- Rugely v. Sun Mutual InsuranceSupreme Court of Louisiana · 1852