American Insurance v. Ogden & M'Comb
New York Supreme Court
Error from the superior court of the city of New-York. This was an action on a policy of insurance on three fourths of a schooner, effected by Ogden and M’Comb, as the agents of the owner—logs payable to them. The policy was on time for six months from the 17th November, 1829—sum insured, $1800. The vessel sailed-the 26th November, on a voyage from New-York to Charleston, from thence to Norfolk, and from thence to St. Thomas, in the West Indies.
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Error from the superior court of the city of New-York. This was an action on a policy of insurance on three fourths of a schooner, effected by Ogden and M’Comb, as the agents of the owner—logs payable to them. The policy was on time for six months from the 17th November, 1829—sum insured, $1800. The vessel sailed-the 26th November, on a voyage from New-York to Charleston, from thence to Norfolk, and from thence to St. Thomas, in the West Indies. Whilst going into Charleston harbor and while the vessel was in charge of a pilot, the small bower anchor was lost on the outward bar. The schooner…
1Opinion of the Court
By the Court,
Savage, C. J.
The points upon which the plaintiffs in error seek to reverse the judgment below are two: 1. That seaworthiness of the vessel is a warranty and condition of the contract of insurance; and the breach of it dis*536charges the insurer from the time of its occurrence ; 2. That want 0f funds to make repairs is not a cause of abandonment.
There is no doubt that seaworthiness of the vessel insured is an implied warranty or condition. This condition is complied with, if the vessel insured is in a proper condition to cany the cargo actually on board, or intended to be put on…
2Cases cited1 opinion
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
3Cited by11 opinions
- Fain v. SmithOregon Supreme Court · 1886
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- Greene v. Pacific Mutual InsuranceMassachusetts Supreme Judicial Court · 1864
- Hathaway v. Sun Mutual InsuranceThe Superior Court of New York City · 1861
- Paddock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1831
6 more not listed; retrieve them via the Exa API.