Legal Opinion

Saltus v. Ocean Insurance

New York Supreme Court

Decided January 15, 1815PublishedCited by 6 opinions

THIS was aa action on a policy of insurance, dated the fifth of December, 1810, upon the freight of the ship Hudson, at and from Riga to New-York. The policy was valued and underwritten for 7,000 dollars. The cause was tried at the last ■■ April sittings in New-York.

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THIS was aa action on a policy of insurance, dated the fifth of December, 1810, upon the freight of the ship Hudson, at and from Riga to New-York. The policy was valued and underwritten for 7,000 dollars. The cause was tried at the last ■■ April sittings in New-York. The abandonment was duly made Ohthe 2Tst -August,'. I-8ÍÍ,’ dnd the;ugual pjéliminafy proof ¡of ’interest .and loss.giyen, •. :The cargo- of the Hudson, .for the. voyage insured, consisted "bf .1® tons of . manufactured goods, 80 tons of iron, and W-l bundles,, containing about 126 tons of hemp, shipped on…

1Opinion of the CourtYates, J.

There can be no reasonable doubt of the seaworthiness of the vessel when the policy attached. The captain does not declare, satisfactorily, what her situation really was when she left Riga; but is explicit as to her ability to perform the voyage' had he experienced ordinary weatherand he says, that a perfectly sound vessel would hardly have withstood the storm he experienced, yet, if he had known her. situation, he would not have gone in her. This opinion, however, appears to be formed altogether on the discovery of the decayed timbers in her at Kinsale. The carpenter states that the…

2Cited by6 opinions

  1. Braithwaite v. AikinNorth Dakota Supreme Court · 1891
  2. Center v. American InsuranceNew York Supreme Court · 1827
  3. Treadwell v. Union Insurance Co.New York Supreme Court · 1826
  4. Lemont v. LordSupreme Judicial Court of Maine · 1864
  5. Williams v. Kennebec Mutual InsuranceSupreme Judicial Court of Maine · 1850

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