Nelson v. . Belmont
New York Court of Appeals
. Appeal from the Superior Court of the city of New York. The action was against the defendant, as the owner of certain specie for its proportion on general average of losses, expenses and damages incurred by the vessel on which it was shipped and the rest of the cargo. Upon the trial these facts were proved: The ship Galena sailed from Hew Orleans for Havre, having on board a cargo of cotton, and $30,853 in specie belonging to the defendant.
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. Appeal from the Superior Court of the city of New York. The action was against the defendant, as the owner of certain specie for its proportion on general average of losses, expenses and damages incurred by the vessel on which it was shipped and the rest of the cargo. Upon the trial these facts were proved: The ship Galena sailed from Hew Orleans for Havre, having on board a cargo of cotton, and $30,853 in specie belonging to the defendant. On the afternoon of July 23d, 1853, the vessel was struck with lightning in the Gulf Stream, and was found to be on fire in the hold. After attempting…
1Opinion of the CourtSelden, J.
No objection was made by the counsel upon the argument, to the principles upon which the general average was adjusted in this case, provided the specie was liable to contribute to such average for the expenses and loss which occurred after it was placed on board the Danish brig. Whether it was so liable, therefore, is the only question to be considered.
General average losses arise, either from voluntary sacrifices made, or extraordinary expenses incurred, for the joint benefit of the ship and cargo. The property which contributes, is that which is saved from the peril, together with that…
2Cases cited1 opinion
- Bevan v. Bank of United StatesSupreme Court of Pennsylvania · 1839
3Cited by14 opinions
- Ralli v. TroopSupreme Court of the United States · 1895
- Bryson v. McShaneWest Virginia Supreme Court · 1900
- International Nav. Co. v. The St. PaulCourt of Appeals for the Second Circuit · 1898
- Compagnie Generale Transatlantique v. HoguetDistrict Court, S.D. New York · 1888
- Mills v. Old Colony Steamboat Co.Massachusetts Supreme Judicial Court · 1884
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