Winn v. Columbian Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated,February 6, 1829, underwritten by the defendants for $2250 on the ship Canton Packet, valued at $ 8500, on a voyage from Gibraltar to Salem. At the trial, before Putnam J., it appeared that the ship sailed from Gibraltar on the 14th of-January, 1829, and that, having encountered boisterous weather and become disabled, she went into the port of St. Thomas on the 2d of April.
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Assumpsit on a policy of insurance, dated,February 6, 1829, underwritten by the defendants for $2250 on the ship Canton Packet, valued at $ 8500, on a voyage from Gibraltar to Salem. At the trial, before Putnam J., it appeared that the ship sailed from Gibraltar on the 14th of-January, 1829, and that, having encountered boisterous weather and become disabled, she went into the port of St. Thomas on the 2d of April. A survey was there called, and the surveyors made a report, dated the 4th of April, stating the repairs which they deemed indispensable, and that it was impossible to obtain at St.…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This action being brought to recover a total loss, on a policy upon a vessel, without abandonment, the only question upon this point was, whether the ship was sold under such circumstances of inevitable necessity, as in other cases has been held sufficient to warrant a sale by the master ; whether that sale under the circumstances was valid to pass the property to the purchaser, *287and thereby wholly to divest the title of the original owners, the plaintiffs in the present case. The subject had been so recently discussed, and the rules in relation to…
2Cases cited2 opinions
- American Insurance v. Ogden & M'CombNew York Supreme Court · 1836
- Pezant v. National InsuranceNew York Supreme Court · 1836