Abbott v. Broome
New York Supreme Court
This was an action on a policy of insurance upon one eighth of-the ship Mary, valued at 2,875 dollars, on a voyage from Batavia to New York, tried before Lewis, Ch. J. at the circuit held in New York, in November, 1800. On the trial it was proved that the vessel, in the prosecution of the voyage insured, encountered heavy and adverse gales of wind, in consequence of which, and upon a general consultation of officers and crew, it was determined to bear away for the West…
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This was an action on a policy of insurance upon one eighth of-the ship Mary, valued at 2,875 dollars, on a voyage from Batavia to New York, tried before Lewis, Ch. J. at the circuit held in New York, in November, 1800. On the trial it was proved that the vessel, in the prosecution of the voyage insured, encountered heavy and adverse gales of wind, in consequence of which, and upon a general consultation of officers and crew, it was determined to bear away for the West Indies. That the ship, in the beginning of the month of January, 1799, arrived at the island of St. Christophers, in a very…
1Opinion of the CourtRadcliff, J.
In this case, .the general question is, whether the plaintiff is enti*381tied to recover a total or a partial loss? Two objections *have been made against the recovery for [*302] a total loss.
1. That the case of a total loss never existed.
2. That the purchase at St. Christophers by the super* cargo, who was also a part owner of the ship, and the subsequent sale at New York, without the consent of the defendant, or a previous offer or tender of the ship to him, amounted to a waiver of the abandonment, and an adoption of the vessel as his own.
With respect to the first, it appears that the ship was…
2Cited by2 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817