Haff v. Marine Insurance
New York Supreme Court
THIS was an action on a policy of insurance on the schooner Lucy, “ at and from New-Tork to a port in North Carolina, and at and from thence to Port Antonio, 7 and Anotta Bay, Jamaicadated 17th June, 1806, valued J J at 3000 dollars.
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THIS was an action on a policy of insurance on the schooner Lucy, “ at and from New-Tork to a port in North Carolina, and at and from thence to Port Antonio, 7 and Anotta Bay, Jamaicadated 17th June, 1806, valued J J at 3000 dollars. The policy had the usual survey clause ; “That if the vessel, upon a regular survey, should be decían¿d unseaworthy, by reason of her being unsound or rotten, or incapable of prosecuting her voyage on account of her being unsound or rotten, then the assurers should not be bound to pay, their subscription on the policy.” The loss r • was averred to be by the penis…
1Opinion of the CourtThompson, J.
delivered the opinion of the court. .The question which this case presents, relates to the sufficiency of the preliminary proof. Although the. objection is, in some measure, a formal one, yet, if well taken, we are bound to give it effect. The documents required by the underwriters, as a part of the preliminary proof, was a survey of the vessel, after she had met with the disaster, and the voyage broken up at Port Antonio. By the policy it is agreed, “ that if the vessel, upon a regular survey, should be thereby declared unseaworthy, by reason of her being unsound or rotten, or incapable of…
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- Haff v. Marine InsuranceNew York Supreme Court · 1808