Robertson v. United Insurance
New York Supreme Court
This was an action on a policy of insurance, on the British ship John, from New York to Martinique. The ship was owned by a British subject residing at Martinique, and being in New York, and bound to Martinique, *the plaintiffs furnished to the master 10,549 dollars, for repairs, &c. and took a bottomry bond for the amount. The plaintiffs effected the policy for 10,000 dollars, with a view to secure that sum, as part of their advances for the vessel.
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This was an action on a policy of insurance, on the British ship John, from New York to Martinique. The ship was owned by a British subject residing at Martinique, and being in New York, and bound to Martinique, *the plaintiffs furnished to the master 10,549 dollars, for repairs, &c. and took a bottomry bond for the amount. The plaintiffs effected the policy for 10,000 dollars, with a view to secure that sum, as part of their advances for the vessel. The sum was not specified in the policy, as on bottomry. During the voyage the vessel was captured by the French, and the plaintiffs abandoned…
1Opinion of the CourtRadcliff, J.
The bill of bottomry in this instance is not
wholly in the usual form. It not only pledges the ship, but, in terms, “ grants, bargains and sells” her to the plaintiffs. This additional clause does not, however, appear to me essentially to vary its character or ^operation. It must still be considered as a contract of bottomry.
It was made by the captain in his capacity of master, and as such, he could not sell the ship, nor do more than pledge *252her, for the eventual payment of the money. The circumstance, that interest was reserved at seven per cent, only, cannot alter the case. That was a matter…
2Cases cited13 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- The Ship Virgin v. VyfhiusSupreme Court of the United States · 1834
- The AuroraSupreme Court of the United States · 1816
- Blaine v. The Ship Charles Carter. Donald and Burton and OthersSupreme Court of the United States · 1808
- Lang v. ScottIndiana Supreme Court · 1825
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3Cited by2 opinions
- Ratner's Dairy Restaurant, Inc. v. Milwaukee Mechanics' InsuranceAppellate Terms of the Supreme Court of New York · 1925
- The William & EmmelineDistrict Court, S.D. New York · 1828