Haff v. Marine Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the schooner Lucy, at and from New-York to a port in North ’ 1 Carolina, and at and from thence to Port Antonio, and Annoito Bay, in yamaica, valued at 3,000 dollars.
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THIS was an action on a policy of insurance on the schooner Lucy, at and from New-York to a port in North ’ 1 Carolina, and at and from thence to Port Antonio, and Annoito Bay, in yamaica, valued at 3,000 dollars. The policy contained the clause, “ That if the vessel, upon a regular survey, should be thereby declared unseaworthy, by reason of her being unsound or rotten, or incapable of prosecuting her voyage on account of her being unsound ° J ° ° or rotten, that the assurers' shall not be bound to pay their subscription on the policy.” The vessel arrived at Port Antonio, after experiencing…
1Per curiam
The survey, and condemnation, in this case, do not proceed on the single ground that the vessel was unsound or rotten, but on that fact, connected with other defects and circumstances; and it is, therefore, impossible for the court to say, whether the ■ single cause of rottenness would have been deemed by the surveyors to be, of itself, a sufficient cause of condemnation for unseaworthiness. The survey, then, in this case, is not to be received as. conclusive. The cases of Garrigues v. Coxe, and Amroyd v. The Union Insurance Company, which have been cited, are in point; and if the case were…
2Cited by3 opinions
- Burke v. WolfeThe Superior Court of New York City · 1874
- Jeffrey v. SchlasingerSupreme Court of Arkansas · 1822
- Smith v. RentzNew York Supreme Court · 1891