Myers v. Girard Insurance
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action on a policy of insurance, at the suit of Lewis B. Myers against The Girard Eire and Marine Insurance Company. The insurance was in the sum of $5000, on the iron hull stern wheel steamboat “ Governor Moorhead,” for one trip from Philadelphia to Port Washington, in North Carolina.
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Error to the District Court of Philadelphia. This was an action on a policy of insurance, at the suit of Lewis B. Myers against The Girard Eire and Marine Insurance Company. The insurance was in the sum of $5000, on the iron hull stern wheel steamboat “ Governor Moorhead,” for one trip from Philadelphia to Port Washington, in North Carolina. The boat was new, and had been built in the city of Philadelphia, for the plaintiff, by contract, to run on Tar river, North Carolina, as a passenger and mail boat. The insurance was effected on the 18th July, 1853, and on the 23d of the same month the…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
There is no principle of marine insurance better settled than the one which declares that in every insurance upon a vessel there is an implied warranty upon the part of the assured. that at the time of sailing the vessel shall be seaworthy for the voyage insured. This implied warranty is not confined to the sufficiency of the hull, but in a sailing vessel extends to the soundness of the sails and rigging: Weddenham and Others v. Bell, 1 Camp. 1; and as was said by Lord Eldon, in the House of Lords, in the case of Wilkie v. Geddes, 3 Dow. 57, “…
2Cited by5 opinions
- Broadnax v. Cheraw & Salisbury R. R.Supreme Court of Pennsylvania · 1893
- Lunt v. Boston Marine Ins.U.S. Circuit Court for the District of Southern New York · 1881
- International Barges, Inc. v. Kerr-McGee Corp.Court of Appeals for the Tenth Circuit · 1978
- International Barges, Inc. v. Kerr-Mcgee CorporationCourt of Appeals for the Tenth Circuit · 1978
- Stetson v. Insurance Co. of North AmericaDistrict Court, E.D. Pennsylvania · 1914