Cloon v. City Insurance
Ohio Superior Court, Cincinnati
This was an action brought by the plaintiff, as captain of a steamboat which was sunk in the 'Mississippi river, for services rendered, in saving and securing the boát after the disaster. Four of the defendants were insurers by different policies; the plaintiff claims, that there was an abandonment made to, and accepted by them, and they, therefore, became liable to him for the services rendered, from the time of the loss of the boat..
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This was an action brought by the plaintiff, as captain of a steamboat which was sunk in the 'Mississippi river, for services rendered, in saving and securing the boát after the disaster. Four of the defendants were insurers by different policies; the plaintiff claims, that there was an abandonment made to, and accepted by them, and they, therefore, became liable to him for the services rendered, from the time of the loss of the boat.. These services are-claimed to have been rendered in securing the hull, and taking the proper steps to have the boat raised. , There-is an interest in the boat…
1Opinion of the CourtGholson, J.
The first question which arises is, whether the defendants are jointly liable to the plaintiff, and whether each is bound for the whole claim ? On this point, the case of the United States Insurance Company vs. Scott and Seamon, (1 Johns. 106) appears to be a decisive authority. It is uncontradicted by any other, and stands on reason: and principles which must be deemed sufficient. Accordsing to that authority, I feel bound to hold, that the plaintiff cannot have a judgment which' will bind each of the-defendants for the whole amount of his claim. They are: *34liable, if at all, for a…
2Cases cited3 opinions
- Parker v. JacksonNew York Supreme Court · 1852
- Harrington v. HighamNew York Supreme Court · 1853
- United Insurance v. Scott & SeamanNew York Supreme Court · 1806
3Cited by2 opinions
- Cordes v. Doepke, Court of Common Pleas of Ohio, Hamilton County1917
- Grasser & Brand Brewing Co. v. Lancashire InsuranceLucas County Court of Common Pleas · 1902