American Insurance v. Ogden & McComb
New York Supreme Court
Error from the supreme court. Ogden andM’Comb brought an action in the superior court of law of the city of JYew-York, on a policy of insurance underwritten by the American Insurance Company, on three-fourths of a schooner, in the names of Ogden & M’Comb, as the agents of the owner—loss payable to them.
Read the full summary
Error from the supreme court. Ogden andM’Comb brought an action in the superior court of law of the city of JYew-York, on a policy of insurance underwritten by the American Insurance Company, on three-fourths of a schooner, in the names of Ogden & M’Comb, as the agents of the owner—loss payable to them. The policy was on time, for six months from the 17th of November, 1829—sum insured, $1,800. The vessel sailed the 26th November, on a voyage from JYew-York to Charleston, from thence to JYorfolk, and from thence to St. Thomas, in the West Indies. Whilst going into Charleston harbor, and while…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
Two questions are, presented for the consideration of the court in this case : 1st. Whether there was a breach of the implied warranty of seaworthiness, by the departure of the ship from Charleston, on her second passage after the commencement of the risk without providing a new anchor in *293the place of the one that was lost in going into that port; and 2. Whether the master was justified in selling the vessel, for the want of funds to repair, in her third port of discharge after the commencement of the risk ; although…
2Cases cited1 opinion
- Peters Another v. Phœnix InsuranceSupreme Court of Pennsylvania · 1817
3Cited by20 opinions
- Union Insurance v. SmithSupreme Court of the United States · 1888
- Schultz v. Pacific InsuranceSupreme Court of Florida · 1872
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- Standard Marine Ins. Co. v. Nome Beach Lighterage & Transportation Co.Court of Appeals for the Ninth Circuit · 1904
15 more not listed; retrieve them via the Exa API.