M'Bride v. Marine Insurance
New York Supreme Court
HARRIS and T. A. Emmet, for the plaintiff, moved for leave to issue execution on the judgment given in this cause, in Febmary term, 1810, (see 5 Johns.
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HARRIS and T. A. Emmet, for the plaintiff, moved for leave to issue execution on the judgment given in this cause, in Febmary term, 1810, (see 5 Johns. Rep. 299.) for a sum which should include 1,304 dollars and 66 cents, for the wages of the crew of the vessel, from the time she was embargoed, until the defendants assented to their being paid off and discharged, that is, from the 5th of January to the 7th of June, 1808, and 425 dollars and 84 cents for disbursements, from the 9th oi June, 1808, to the 8th of June, 1809, when the ship was sold; and also for the expenses of the sale and…
1Per curiam
The wages of the crew during the detention of the ship by the embargo, and until they were discharged, were not covered by the policy upon the ship. They do not even go into a general average, btit fall exclusively upon the freight. This general rule has been often admitted. (1 Term Rep. 127. Buller, J. in 2 Term Rep. 414. 3 Caines’ Rep. 155. 4 Dallas, 246.) The foreign authorities on commercial law speak the same language. (Ord. de la Marine, lib. 3. tit. 7. art. 7. Pothier, Traité des Charte Partie, No. 85. Ricardo Négoce d’Amsterdam, p. 279.) But it is said, that, upon a valid abandonment,…
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