Hammond v. Essex Fire & Marine Ins.
U.S. Circuit Court for the District of Massachusetts
This was a suit in admiralty in personam, brought by [William Hammond], the master of the schooner Sally, for his wages and supplies for part of the voyage, of which the defendants became owners by an abandonment to them as underwriters. The facts were as follows: The schooner belonged to Messrs. Putnam, Cheever, and others, of Danvers, and on the 21st of October, 1824, was lying at the port of New York.
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This was a suit in admiralty in personam, brought by [William Hammond], the master of the schooner Sally, for his wages and supplies for part of the voyage, of which the defendants became owners by an abandonment to them as underwriters. The facts were as follows: The schooner belonged to Messrs. Putnam, Cheever, and others, of Danvers, and on the 21st of October, 1824, was lying at the port of New York. On that day the owners entered into an agreement with the libellant as follows: “Articles of agreement &c. between &c. Said Hammond agrees to take the schooner Sally, owned &c., for the…
1Opinion of the Court
STORY, Circuit Justice.
In this case it is not disputed, as I understand the argument, that after an abandonment is accepted, the underwriters, as owners of the ship, are liable to the payment of the wages of the master and mariners for the residue of the voyage after they become owners. This is a doctrine so consonant with the general principles of law, and, as far as authorities go, so well supported, that iu ordinary cases of hire, there would not seem much room for controversy. Marsh. Ins. c. 13, § 4, p. 602; Thompson v. Rowcroft, 4 East, 34; Sharp v. Gladstone, 7 East, 24; Case v.…
2Cases cited7 opinions
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- Davy v. HallettNew York Supreme Court · 1805
- M'Bride v. Marine InsuranceNew York Supreme Court · 1811
- Marine Insurance v. United InsuranceNew York Supreme Court · 1812
- United Insurance v. LenoxNew York Supreme Court · 1800
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3Cited by1 opinion
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868