Kane v. Columbian Insurance Co.
New York Supreme Court
These were actions on two policies of insurance, one * 3 on the schooner Mariner, the other on her cargo, on a „ , . ° voyage, “at and from JSew-xorJc to Antigua, and at ánd from thence to Curacoa.” The causes were tried at the New-Yorlc Sittings, before Mr. Justice Livinsrston, in December, 1806. On the trial tbe preliminary proofs were admitted. The cargo consisted of meal, flour, fish, onions, &c. and there was the usual memorandum in the policy, as to * ** corn, meal Ac.
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These were actions on two policies of insurance, one * 3 on the schooner Mariner, the other on her cargo, on a „ , . ° voyage, “at and from JSew-xorJc to Antigua, and at ánd from thence to Curacoa.” The causes were tried at the New-Yorlc Sittings, before Mr. Justice Livinsrston, in December, 1806. On the trial tbe preliminary proofs were admitted. The cargo consisted of meal, flour, fish, onions, &c. and there was the usual memorandum in the policy, as to * ** corn, meal Ac. The vessel was new, and sailed from New-York, with one of the owners onboard as supercargo and consignee, the 1st…
1Opinion of the CourtThompson, J.
The insurance, in this case, was upon the schooner Mariner, on a voyage as subscribed in the policy, “ at and from New-York to pintigua, and from thence to Curacoad’ It became necessary, in the eourse of the voyage, to put into St. Croix to refit. A considerable part of her cargo was there sold, and when the necessary repairs were made', the voyage was continued directly to Curacoa, without going to Antigua. The vessel was captured by a British frigate, carried into Jamaica, and there condemned. Arecoveryis resisted by the underwriters, on two grounds. 1st. That the schooner should have gone…
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