Murray v. United Insurance
New York Supreme Court
T-his was an action on a policy of insurance on the cargo of the brig Essex. The vessel was captured upon the voyage insured, which was from Charleston to Surinam, and was carried into Demarara, by a British frigate, where she arrived on the 8th of June, and continued with her cargo, in the hands of the captors, until the 18th of June, when the brig and cargo were released without having been libelled.
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T-his was an action on a policy of insurance on the cargo of the brig Essex. The vessel was captured upon the voyage insured, which was from Charleston to Surinam, and was carried into Demarara, by a British frigate, where she arrived on the 8th of June, and continued with her cargo, in the hands of the captors, until the 18th of June, when the brig and cargo were released without having been libelled. The master of the brig was consignee of the cargo, and after the release he continued at Demarara, instead of pursuing his voyage to Surinam, until the 2d of September. On the 3d of August the…
1Opinion of the CourtKent, J.
Two cases have been decided in this court, which are applicable to the present. The case of Mumford v. Church, (see 1 Johns. Cas. 147, 151,) and the case of Slocum and Burling v. The United Insurance Company, in October term, 1799. Those cases determined these points. 1. That a taking and carrying into port of neutral property by a belligerent vessel authorized an abandonment. 2. That although restoration was made before, yet if not known until after the abandonment, it did not defeat the abandonment, *as parties could only act from the state of things as known to them. But the effect of a…
2Cases cited3 opinions
- Rhinelander v. Insurance Co. of PennsylvaniaSupreme Court of the United States · 1807
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
- Mumford v. ChurchNew York Supreme Court · 1799