Williams v. Smith
New York Supreme Court
These were two actions on sepárate policies of insurance, on the body and freight of the American ship Prosper, from New-York to Algiers, with liberty to touch at Cadiz. The vessel valued at 5,000 dollars. The facts were exactly the same as in the former suit, apon the policy on her cargo. It was admitted, that the amount of the bottomry was 20,000 marks banco, or 6,500 dollars.
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These were two actions on sepárate policies of insurance, on the body and freight of the American ship Prosper, from New-York to Algiers, with liberty to touch at Cadiz. The vessel valued at 5,000 dollars. The facts were exactly the same as in the former suit, apon the policy on her cargo. It was admitted, that the amount of the bottomry was 20,000 marks banco, or 6,500 dollars. The judge before whom the causes were tried, charged the jury, that if they believed the port of Cadiz was blockaded at the time the Prosper entered that harbor, this being a breach of neutrality, would vacate the…
1Opinion of the CourtThompson, J.
Several of the questions raised in this cause have already been disposed of in the preceding case, against the same defendant, upon the cargo of the same vessel. The circumstances relative to the blockade of Cadiz, and the detention in consequence of the fever that broke out at Cadiz, shortly after the arrival of the vessel there, are necessarily the same. It having been decided that Cadiz could not be considered a blockaded port, there could be no objection against this vessel’s putting in there, pursuant to the permission given in the policy. It is manifest, from' the whole current of the…
2Cited by6 opinions
- Robinson v. Marine Insurance Co.New York Supreme Court · 1807
- Rice v. HomerMassachusetts Supreme Judicial Court · 1815
- Welch v. HicksNew York Supreme Court · 1826
- Escopiniche v. StewartSupreme Court of Connecticut · 1817
- Smyth v. WrightNew York Supreme Court · 1852
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