Draper v. . the Commercial Insurance Company
New York Court of Appeals
Appeal from the Superior Court of the city of Hew York. Action upon a policy of marine insurance upon the steamer Albatross, for a Voyage from Hew York to' Vera Cruz and back. The defence was, that the vessel was unseaworthy, in not having a competent or skillful commander and captain.
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Appeal from the Superior Court of the city of Hew York. Action upon a policy of marine insurance upon the steamer Albatross, for a Voyage from Hew York to' Vera Cruz and back. The defence was, that the vessel was unseaworthy, in not having a competent or skillful commander and captain. Upon the trial it was proved that, for a year or more previous to March 30,-1853, the Albatross, a vessel of American build, had been owned by British subjects, and sailed under the British flag. Captain McHeil was her first mate and master. His character as a skillful and experienced seaman and navigator was…
1Opinion of the CourtWelles, J.
In a marine insurance, the assured is understood to warrant that, at the commencement of the voyage, the ship is seaworthy. Among other things necessary to constitute seaworthiness, it is requisite that the ship should have a competent master and officers, according, to the service upon which she is employed. But the law in relation to seaworthiness does not require that the master or any of the subordinate officers or crew should be a citizen or citizens of the United States, nor that the ship itself should be registered in pursuance of the acts of Congress. I am not aware of any law which…
2Cited by6 opinions
- Keen v. Overseas Tankship Corp.Court of Appeals for the Second Circuit · 1952
- Rolph Navigation & Coal Co. v. KohilasCourt of Appeals for the Ninth Circuit · 1924
- Armstrong v. Chambers & KennedyDistrict Court, S.D. Texas · 1972
- The DubuqueDistrict Court, E.D. Michigan · 1870
- Fernandez v. Great Western InsuranceThe Superior Court of New York City · 1865
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