Premuda v. Goepel
District Court, S.D. New York
In Admiralty. This libel in personam was filed to recover damages for the respondents’ broach of a charter-party, in refusing to load tho ship Podesta Bazzoni, on the alleged ground of unseaworthiness. The vessel belonged to Trieste.
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In Admiralty. This libel in personam was filed to recover damages for the respondents’ broach of a charter-party, in refusing to load tho ship Podesta Bazzoni, on the alleged ground of unseaworthiness. The vessel belonged to Trieste. She came to this country in ballast, and arrived at Delaware breakwater in June, where she was left by her owner, who came to New York, and through brokers chartered her to tho respondents for a voyage from New York tó Trieste to carry 8,000 cases of petroleum. At the time of tho charter it was stated to tho charterers that she was classed as “A 1¿” in the…
1Opinion of the CourtBrown, J.
The charter-party contains a warranty that the vessel Bhall be “seaworthy, and in all respects tight, staunch, strong, and every way fitted for such a voyage.” This is not a warranty that the charterers could get insurance, but it is a warranty that the vessel was insurable; that is, a proper subject for insurance at the ordinary rates for such a cargo and such a voyage. The Vincennes, 8 Ware, 171, 178. The fact that certain insurance companies refused insurance is not, indeed, conclusive evidence that the ship was not seaworthy; nor is the fact any more conclusive that the ship was…
2Cases cited1 opinion
- Tidmarsh v. Washington Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1827
3Cited by2 opinions
- Birt v. HardieDistrict Court, S.D. New York · 1904
- Capuccio v. Barber & Co.District Court, S.D. New York · 1906