M'Bride v. Marine Insurance
New York Supreme Court
THIS was an action on a valued policy of insurance, dated the 4th November, 1807, on the American ship Rover, on a voyage at and from New-York, to Wilmington, North Carolina, and at and from thence to Dublin, and at and from thence to Nexu-York. A verdict was taken by consent, for the plaintiff, for 10,651 dollars and 39 cents, subject to the opinion of the court on the following case.
Read the full summary
THIS was an action on a valued policy of insurance, dated the 4th November, 1807, on the American ship Rover, on a voyage at and from New-York, to Wilmington, North Carolina, and at and from thence to Dublin, and at and from thence to Nexu-York. A verdict was taken by consent, for the plaintiff, for 10,651 dollars and 39 cents, subject to the opinion of the court on the following case. The Rover sailed from New-York, the 15th November, 1807, on the voyage insured, and arrived at Wilmington, the 25th of the same month, where she took in a cargo for Dublin. Having regularly cleared out, with…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. This was the case of á vessel detained in one of our ports, after the voyage had commenced, by the intervention of the embargo act of the 22d of December, 1807 ; and the question is, whether this be a detention that justified an abandonment.
There is no decision in the English books which comes up to the question, though the uniform language of the cases, and of the writers on insurance, is in favour of the right of the assured, in a case like the present, to abandon and recover. They make no distinction between a foreign and a domestic embargo.
Th…
2Cited by4 opinions
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Lee v. BoardmanMassachusetts Supreme Judicial Court · 1807
- Delano v. Bedford Marine InsuranceMassachusetts Supreme Judicial Court · 1813
- Lorent v. South Carolina InsuranceSupreme Court of South Carolina · 1819