Patrick v. Commercial Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the ship Thomas Jefferson, Thomas Dinsmore master, “ at and from New-York to Cadiz and back again.” The policy, dated the 28th of November, 1809, contained the following clause: “ The assurers take no risk in port but sea risk.” The cause was tried at the New-York sittings before Mr. Justice Yates.
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THIS was an action on a policy of insurance on the ship Thomas Jefferson, Thomas Dinsmore master, “ at and from New-York to Cadiz and back again.” The policy, dated the 28th of November, 1809, contained the following clause: “ The assurers take no risk in port but sea risk.” The cause was tried at the New-York sittings before Mr. Justice Yates. The master deposed, that he sailed from New-York the 13th of November, 1809, and arrived at Cadiz the 12th of January, 1810. The ship, on account of certain articles on board, was obliged to perform quarantine, and was not released from it until ° x .…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. 1. The question of seaworthiness ought not to be disturbed. The loan of a cable and small anchor to a neighbouring vessel in the harbour, was not a strong fact in support of the allegation, and the weight of evidence was in favour of the finding of the jury.
2. As the defendants, by the contract, were to take “ no risk in port but sea risks,” it became material to ascertain whether the loss happened in port; and on this point there seems to be no room for doubt. The place where the ship lay at anchor when the storm arose, and the place where she…
2Cited by6 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Rice v. HomerMassachusetts Supreme Judicial Court · 1815
- Aktiebolaget Malareprovinsernas Bank v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
- Cardwell v. Republic Fire Ins.District Court, N.D. Illinois · 1875
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