Walsh v. Washington Marine Insurance
New York Court of Appeals
' The action was on a policy of insurance upon the ship Senator, on a voyage from Hew York to Liverpool: The defense was, that the vessel was unseaworthy at the inception of the risk. It was 15 years old at the date of the insurance, and an extra premium was taken for that cause. The ship had been successful in all its previous voyages, and had delivered its cargoes in good condition.
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' The action was on a policy of insurance upon the ship Senator, on a voyage from Hew York to Liverpool: The defense was, that the vessel was unseaworthy at the inception of the risk. It was 15 years old at the date of the insurance, and an extra premium was taken for that cause. The ship had been successful in all its previous voyages, and had delivered its cargoes in good condition. It had met with occasional injuries, but none of a serious character, and they were always promptly repaired. When these repairs were made from time to time, the vessel was examined by the shipwrights, and was…
1Opinion of the CourtPorter, J.
On the morning of the 22d of August, 1862, the ship “ Senator ” left the port of New York, laden with grain, and bound for Liverpool. On the morning of the 26th of August, the vessel was in a sinking condition, with nine feet of water in her hold, and the pumps clogged with grain. The officers and crew were rescued by a Prussian bark; and within an hour afterwards the ship went down with its cargo, at a distance of a hundred and twenty miles from the nearest coast:
The claim of the plaintiff under the policy of insurance, " gave occasion for three theories as to the cause of the loss: 1. That…
2Cases cited7 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Barnewall v. ChurchNew York Supreme Court · 1803
- People ex relatione Smith v. FisherNew York Supreme Court · 1840
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3Cited by40 opinions
- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Frear v. . SweetNew York Court of Appeals · 1890
- Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
- Ceballos v. The Warren AdamsCourt of Appeals for the Second Circuit · 1896
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