United Insurance v. Lenox

Where a ship is abandoned to the insurer who accepts the abandonment, and the voyage is afterwards performed, and freight earned, the insurer is entitled to the freight earned after the abandonment, or pro rata.

This cause came before the court, on a writ of error from the supreme court. See 1 Johns. Cases, p. 377, 390, where the facts and opinions delivered by the judges of the supreme court are stated.

contended, that the judgment of the supreme court ought to be reversed :

1. Because freight being nothing more than the earnings of the ship, is to be regarded solely as an incident which is…