Sea Insurance v. Fowler
New York Supreme Court
Error from the superior court of the city of New York. Fowler and others brought an action against the Sea Insurance Company, on a policy dated 28th October, 1835, by which the defendants insured goods and merchandizes valued at $3000, laden or to be laden on board the good brig Abeona, at and from New York to Newfoundland.
Read the full summary
Error from the superior court of the city of New York. Fowler and others brought an action against the Sea Insurance Company, on a policy dated 28th October, 1835, by which the defendants insured goods and merchandizes valued at $3000, laden or to be laden on board the good brig Abeona, at and from New York to Newfoundland. The goods were shipped'at New York, in a vessel called the Abeona, which was lost on the voyage to Newfoundland, in the protest made by the master and one of the seamen, the vessel was uniformly called a schooner. The plaintiffs, after reading certain admissions and the…
1Opinion of the Court
*603 By the Court,
Bronson, J.
Upon the evidence, there were two British vessels of nearly the same capacity, both named Abeona, and both having been in the port of New York The one was a brig, and the other was either a schooner or a half brig, brigantine or hermaphrodite brig. The very decided opinion of the witness Waring,- that this vessel was a schooner, is pretty strongly confirmed by the fact that the plaintiffs had so designated her in their proposals for insurance on the voyage from St. Johns, and by the further fact that she was called a schooner by the master and one of the seamen in…
2Cited by3 opinions
- Hughes v. . Mercantile Mutual Ins. Co.New York Court of Appeals · 1873
- Hughes v. Mercantile Mutual InsuranceNew York Court of Appeals · 1873
- State v. WilsonSupreme Court of Louisiana · 1902