Jumel & Desobry v. Marine Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated the 10th October, 1807, on the brig Stephen, Barkers Blaster, on a voyage from New-Tork to Bordeaux, and at and from Bordeaux back to New-Tork; warranted American property, proof whereof, if required, to be made here only ; and warranted by the assured not to abandon, in case of capture or detention, until six months after advice thereof received at the office of the defendants, unless previously condemned.
Read the full summary
THIS was an action on a policy of insurance, dated the 10th October, 1807, on the brig Stephen, Barkers Blaster, on a voyage from New-Tork to Bordeaux, and at and from Bordeaux back to New-Tork; warranted American property, proof whereof, if required, to be made here only ; and warranted by the assured not to abandon, in case of capture or detention, until six months after advice thereof received at the office of the defendants, unless previously condemned. A verdict was taken, by consent, at the New-Tork sittings, the 14th April, 1810, subject to the opinion of the court, on the following…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Here was. clearly a case of total loss. The vessel was captured and condemned, and it is not pretended that there was a breach of warranty. The plaintiffs were therefore entitled to abandon, and they accordingly did abandon on the first of June, 1808. The master, in consequence of his abandonment, became the agent of the insurers, and the plaintiffs are not bound by his subsequent acts, unless they have adopted them. It was not in the power of the master, by any act of his, to change the total loss, thus fixed by the abandonment, into a partial…
2Cited by12 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Lee v. BoardmanMassachusetts Supreme Judicial Court · 1807
7 more not listed; retrieve them via the Exa API.