Legal Opinion

Mutual Safety Ins. v. Cargo of the George

District Court, S.D. New York

Decided April 15, 1845PublishedCited by 2 opinions

The cargo and its proceeds are libelled -in this action: by three insurance companies [the Mutual Safety Insurance Company, the American Insurance Company, and the Jackson ■ Marine Insurance Company], underwriters on ship and freight, to recover a' contribution share on general average, claimed to be payable by the cargo on board the ship George, because of a voluntary stranding of the vessel by her master to save the cargo and freight.

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The cargo and its proceeds are libelled -in this action: by three insurance companies [the Mutual Safety Insurance Company, the American Insurance Company, and the Jackson ■ Marine Insurance Company], underwriters on ship and freight, to recover a' contribution share on general average, claimed to be payable by the cargo on board the ship George, because of a voluntary stranding of the vessel by her master to save the cargo and freight. The underwriters had accepted . the abandonment of the ship and freight aft- • er the loss of the ship, and paid a.total loss : on the vessel and freight The…

1Opinion of the Court

[BETTS, District Judge.

The undersign-ers, by the abandonment, became clothed : with all the rights of the insured, in respect to contribution in general average. 2 Phil. ' Ins. 322. The cargo is bound to the vessel to satisfy such contribution, and courts of admiralty will enforce the lien, it being of a maritime character. The proceeds of cargo may be pursued by libel or petition to recover general average. Stev. Av. 25; Dunl. Adm. Prac. p. 57; 4 Wash. 99, 100. As a general rule, when admiralty has jurisdiction in rem, or over the subject matter, it can be exercised against whatever…

2Cases cited4 opinions

  1. Jumel & Desobry v. Marine InsuranceNew York Supreme Court · 1811
  2. Bradhurst v. Columbian InsuranceNew York Supreme Court · 1812
  3. Sims v. GurneySupreme Court of Pennsylvania · 1812
  4. Whitteridge v. NorrisMassachusetts Supreme Judicial Court · 1809

3Cited by2 opinions

  1. Mason v. Marine Ins. Co.Court of Appeals for the Sixth Circuit · 1901
  2. Lee v. GrinnellThe Superior Court of New York City · 1856

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