M'Intire v. Bowne
New York Supreme Court
THIS was an action on a policy of insurance, dated the 26th June 1801, on the vessel' called the Mar cus, valued at 3400 dollars, on a voyage “ from New-York to Trinidad and from thence back to New-York, with liberty to stop and trade at CurracoaT 'The cause was tried at the New-York sittings, on the 24th day of April, 1805, before Mr. Justice Thompson, when the jury found a verdict for the plaintiff. The plaintiff claimed for a total loss by barratry of the master.
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THIS was an action on a policy of insurance, dated the 26th June 1801, on the vessel' called the Mar cus, valued at 3400 dollars, on a voyage “ from New-York to Trinidad and from thence back to New-York, with liberty to stop and trade at CurracoaT 'The cause was tried at the New-York sittings, on the 24th day of April, 1805, before Mr. Justice Thompson, when the jury found a verdict for the plaintiff. The plaintiff claimed for a total loss by barratry of the master. The broker testified, that at a meeting between the assurer and assured, the latter claimed for a total loss by barratry, and…
1Opinion of the CourtThompson, J.
The loss claimed in this case is for the barratry of the master, and the right of the assured to recover will depend- on the ■ determination of the question, who is to be deemed owner of the vessel for the voyage ? It is not denied that the conduct of the master amounted to barratry, provided the assured is to. be considered as owner of the brig, for the voyage insured. The plaintiff was the owner, but he had chartered the vessel to Aken & Brice, who, it is contended, must be considered owners pro hac vice; and the acts of the master, which are alleged as barratrous, having been committed, by…
2Cited by14 opinions
- United States v. SheaSupreme Court of the United States · 1894
- Grove v. BrienSupreme Court of the United States · 1850
- Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
- Reynolds v. ToppanMassachusetts Supreme Judicial Court · 1819
- Pittsburgh City v. GrierSupreme Court of Pennsylvania · 1853
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