The Peshtigo
District Court, E.D. Michigan
Libel in personam, by McMorraw and Fitzgerald, owners of the schooner St. Andrew, against one Dunham, owner of the schooner Peshtigo. to recover damages brought about by a collision of those vessels.
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Libel in personam, by McMorraw and Fitzgerald, owners of the schooner St. Andrew, against one Dunham, owner of the schooner Peshtigo. to recover damages brought about by a collision of those vessels. Besides the usual allegations of ownership and negligence, the libel set forth that, at the time of the collision, the Peshtigo was insured in the Manhattan and Orient Mutual Insurance Companies; that by reason of such collision and the damage thereby occasioned to the Peshtigo. these companies had become, and were liable to pay to the respondent the full amount of their policies, and that…
1Opinion of the Court
BROWN, District Judge..
The writs of garnishment in this case can only be supported upon the theory of a lien upon the amount of the policies. If the liability of the owner is limited to the value of the vessel and freight, irrespective of the insurance, there is no claim against him, and consequently nothing which will support the garnishment. Therefore, unless the lien of the libellant upon the vessel is transferred to the insurance money, this suit must fail.
At common law, and also by the civil law and the general law maritime, the owner of a vessel is liable for damages occasioned by the…
2Cases cited3 opinions
- Stillwell v. . StaplesNew York Court of Appeals · 1859
- Eymar v. LawrenceSupreme Court of Louisiana · 1835
- Steele & Co. v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1851