Barnewall v. Church
New York Supreme Court
This was an action for a total loss, by perils, of the sea, under a policy of insurance on the ship Hope, valued at 8,000 dollars and dated the 28th of December, 1799, “at and from Kingston, in Jamaica, to Honduras, during her stay there, and at and from thence to Hew York.” It appeared that in April 1789, the plaintiff, wishing to purchase the vessel in question, employed two shipcarpenters to examine her, which they did in every part.
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This was an action for a total loss, by perils, of the sea, under a policy of insurance on the ship Hope, valued at 8,000 dollars and dated the 28th of December, 1799, “at and from Kingston, in Jamaica, to Honduras, during her stay there, and at and from thence to Hew York.” It appeared that in April 1789, the plaintiff, wishing to purchase the vessel in question, employed two shipcarpenters to examine her, which they did in every part. They bored her timbers fore and aft, near and between the chains, bends, transom, breast hooks, apron, and in other places, found her perfectly sound, and…
1Opinion of the Court
*Thompson, J.
The two questions arising [*232 233] out of this case for decision are,
1. Whether the verdict was against evidence, on the question of seaworthiness ; and,
*2. Whether the plaintiff ought not to have [*234] disclosed to the defendant that the vessel would have a clearance for Falmouth.
There is, in every insurance, an implied warranty that *302the ship shall be seaworthy when the risk commences; that she shall be tight, strong, and in all respects, fit for the intended voyage. ¿.The insurer undertakes only to indemnify against the extraordinary and unforeseen perils of the sea, and not against…
2Cited by13 opinions
- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
- Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Commercial Molasses Corp. v. New York Tank Barge Corp.Court of Appeals for the Second Circuit · 1940
- The TitaniaDistrict Court, S.D. New York · 1883
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