Saltus v. Commercial Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the ship Hudson, at and from New-York to her port of discharge, not blockaded, in Europe, and at and from thence back to New-York, with liberty to go to Cottenburg and wait for orders.
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THIS was an action on a policy of insurance on the ship Hudson, at and from New-York to her port of discharge, not blockaded, in Europe, and at and from thence back to New-York, with liberty to go to Cottenburg and wait for orders. The policy contained the usual clause, “ that if the above vessel, upon a regular survey, should be thereby declared unseaworthy, by reason of her being unsound or rotten, or incapable of prosecuting her voyage, on account of her being unsound or rotten, then the assurers should not be bound,” &c. The ship having performed her outward voyage, set sail from Riga,…
1Per curiam
The survey was not evidence on the part of the plaintiffs, unless called for by the defendants. It is altogether an ex parte document. (3 Johns. Cases, 46.) But the point need not have been raised in this case, for if the surveys be excluded, there was no evidence of a want of seaworthiness, and on the question of seaworthiness, as the testimony stands, the court do not think it would be proper to interfere with the finding of the jury.
The plaintiffs were likewise entitled to recover the partial loss, (in addition to a total loss,) arising from the repairs put on the vessel at Kinsale, in…
2Cited by3 opinions
- Mayor of New York v. LyonsNew York Court of Common Pleas · 1863
- Howard v. Orient Mutual InsuranceThe Superior Court of New York City · 1864
- Murray v. Great Western InsuranceNew York Supreme Court · 1886