Rogers v. Sun Mutual Insurance
The Superior Court of New York City
Appeal by defendant from judgment entered upon the verdict of a jury, and from order denying motion for new trial. On November 21, 1876, the defendant issued its policy, dated that day, to the Newark Transportation Company, in the sum of $10,000 upon the steamboat Novelty, insuring her at and from Newark, New Jersey, to the St. Johns River, Florida, with privilege of port or ports on the way.
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Appeal by defendant from judgment entered upon the verdict of a jury, and from order denying motion for new trial. On November 21, 1876, the defendant issued its policy, dated that day, to the Newark Transportation Company, in the sum of $10,000 upon the steamboat Novelty, insuring her at and from Newark, New Jersey, to the St. Johns River, Florida, with privilege of port or ports on the way. On application being made for this insurance, the defendant’s officers required that before accepting the risk one Captain Stuart should survey her and make report to them of her condition. Stuart was in…
1Opinion of the Court
By the Court.—Freedman, J.
Ina marine insurance, whether it be on the ship, freight, or cargo, or the commissions or profits to accrue upon the cargo, the assured is understood impliedly to warrant, hy the mere fact of effecting the insurance, independently of the particular terms used, that the ship is at the commencement of the voyage seaworthy ; namely, that the materials of which the ship is made, its construction, the qualifications of the captain, the number and description of the crew, the tackle, sails, and rigging, stores, equipment, and outfit, generally, are such as to *70render it in…
2Cases cited5 opinions
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Taylor v. LowellMassachusetts Supreme Judicial Court · 1807
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1813
- Kettell v. WigginMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Van Vliet v. Greenwich InsuranceNew York Court of Common Pleas · 1888