Bordes v. Hallet
New York Supreme Court
This was an aótion on a policy of infurance, dated the 21ft May 1800, to recover the amount of a trunk of merchandize valued at 800 dollars, and the expences incurred in claiming the property in a foreign court of vice-admiralty.
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This was an aótion on a policy of infurance, dated the 21ft May 1800, to recover the amount of a trunk of merchandize valued at 800 dollars, and the expences incurred in claiming the property in a foreign court of vice-admiralty. The caufe was tried before his Honour Mr. Juitice Rad-cliff, at the fittings in November 1802. The cafe, as it appeared in evidence, was as follows : The plaintiff ihipped the articles in queftion, on board the fchooner Trimmer, bound from New-York to St. Jago de Cuba. On the 18th of May 1800, he embarked with his property in the veffel; which, during the courfe of…
1Opinion of the Court
Hoffman for the plaintiff.
From the fadts prefented to the court, it is manifeft, there was a capture of the veffeh This operates as a technical total lofs, and, therefore, whether an acquittal fubfequently took place or not, is immaterial; for the capture alone is fufficient to warrant the abandonment. After this, the affured, who from the moment of capture becomes the agent of the affurer, returns, and making a full avowal of what had taken place, fays, I have done all I could j but the event does not alter the law, I am now, for the firit time, able to communicate with you and abandon. It…
2Cited by1 opinion
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