Potter v. Providence Washington Ins.
U.S. Circuit Court for the District of Rhode Island
Assumpsit on a policy of insurance, dated 10 Sept., 1825, as follows, “85,000 on ship Jefferson and appurtenances for and during the term of twelve months in port and at sea, and at all times and plaees during that period, beginning the adventure on the 1st •of September at 12 o’clock at noon.” Premium, 8 per cent. The loss was averred in the declaration to be by penis of the seas. Plea, the general issue. At the trial, the facts were not disputed.
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Assumpsit on a policy of insurance, dated 10 Sept., 1825, as follows, “85,000 on ship Jefferson and appurtenances for and during the term of twelve months in port and at sea, and at all times and plaees during that period, beginning the adventure on the 1st •of September at 12 o’clock at noon.” Premium, 8 per cent. The loss was averred in the declaration to be by penis of the seas. Plea, the general issue. At the trial, the facts were not disputed. It appeared that the ship sailed from Providence in August, ■on a voyage to New Orleans, with a cargo on board belonging to the plaintiff, who was…
1Opinion of the Court
STORY'. Circuit Justice.
There is no ques- | ; tion in this case, but that there has been a total loss of the ship, for which the underwriters are liable. The injuries sustained by the hurricane were so great, that upon the ship’s arrival in the port of New York, it was found that it would cost more to repair her, than she would be worth after she was repaired. An abandonment, therefore, was rightfully and seasonably made. The question now in dispute, arises from another circumstance. During the storm, the masts and rigging were voluntarily cut away for the benefit of all concerned, and this…
2Cases cited5 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Jumel & Desobry v. Marine InsuranceNew York Supreme Court · 1811
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1806
- Watson v. Marine InsuranceNew York Supreme Court · 1810
- Lapsley v. PleasantsSupreme Court of Pennsylvania · 1812
3Cited by6 opinions
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Force v. Providence Washington Ins.District Court, S.D. New York · 1888
- Matheson v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1875
- SCAC Transport (USA) Inc. v. Atlantic Mutual InsuranceDistrict Court, S.D. New York · 1987
- Greely v. Tremont InsuranceMassachusetts Supreme Judicial Court · 1852
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