Borland v. Mercantile Mutual Insurance
The Superior Court of New York City
Appeal by defendant from judgment, and from order denying a motion for a new trial. The action was on a policy of marine insurance, containing, among other clauses, the following: “ Touching the adventures and perils which the said Mercantile Mutual Insurance Company is contented to bear, and takes upon itself in this voyage (unless specially excepted on the margin of this policy), they are of the seas, men-of-war, fires, enemies, pirates, rovers, thieves, jettisons, letters…
Read the full summary
Appeal by defendant from judgment, and from order denying a motion for a new trial. The action was on a policy of marine insurance, containing, among other clauses, the following: “ Touching the adventures and perils which the said Mercantile Mutual Insurance Company is contented to bear, and takes upon itself in this voyage (unless specially excepted on the margin of this policy), they are of the seas, men-of-war, fires, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, reprisals, takings at sea, arrests, restraints and detainments of all kings, princes or…
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The seaworthiness of the brig Hunter was viewed on the trial in several aspects. The defendant’s claim was that the deck load rendered her unseaworthy ; first, simply from its situation upon the deck; second, because it overloaded her, and by its'weight lessening her free-board, or height of side above the water, to an extent that made her unseaworthy. It is assumed that the plaintiff should not have recovered, unless the testimony established prima facie that the vessel was seaworthy (Moses v. Sun Mutual Ins. Co., 1 Duer, 159). I understand that case to mean,…
2Cases cited2 opinions
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Neilson v. Commercial Mutual InsuranceThe Superior Court of New York City · 1854