Mutual Safety Ins. v. Cargo of the George
District Court, S.D. New York
[This was a libel by the Mutual Safety Insurance Company, the American Insurance Company, and the Jackson Marine Insurance Company against the cargo and proceeds of the ship George, to recover a contribution share on general average, claimed to be payable by the cargo because of a voluntary stranding of the vessel by the master in order to save cargo and freight The underwriters accepted an abandonment and paid a total loss.
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[This was a libel by the Mutual Safety Insurance Company, the American Insurance Company, and the Jackson Marine Insurance Company against the cargo and proceeds of the ship George, to recover a contribution share on general average, claimed to be payable by the cargo because of a voluntary stranding of the vessel by the master in order to save cargo and freight The underwriters accepted an abandonment and paid a total loss. There was a decree in favor of libellants, and a reference to an auditor to adjust and state the average contribution against the claimants. Case No. 9,981.] On the…
1Opinion of the Court
BETTS, District Judge.
The specific points in contestation, and determined between the parties by the decree of April last, were, that the court has cognizance of the case as one of admiralty and maritime jurisdiction, that the ship was voluntarily stranded for the benefit of the cargo, and although a total loss, her owner was entitled to compensation by way of general average; that the adjustment of average could be made in this port, where the proceeds of the cargo were attached, and that the freight was both subject to contribution, and entitled to a contributory allowance. The frame of the…
2Cases cited4 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Peyton v. HallettNew York Supreme Court · 1803
- Leavenworth v. DelafieldNew York Supreme Court · 1804
- Bell v. SmithNew York Supreme Court · 1806