Oneida Navigation Corp. v. Alliance Assurance Co.

This is a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action. This action is brought against underwriters to recover the plaintiff shipowner’s share or contribution toward expenditures in general average. The policies of insurance are written upon plaintiff’s schooner “ at and from Newport News, Va.”

The complaint alleges that the schooner sailed from New York for Newport News. Before the vessel dropped anchor off the coal pier at Newport News she had stopped at Lambert’s Point, .Hampton Roads, where a coal hoister,. which had…