Hathaway v. Sun Mutual Insurance
The Superior Court of New York City
*Thb action was brought upon a policy of insurance, dated Hay 5, 1854, executed and delivered by. the defendants to the plaintiff, whereby they insured the brig Brenda, at and from the 22d day of March, 1854, until the 22d day of March, 1855, at noon, loss payable to the plaintiff. The vessel was valued at $20,000, and the policy subscribed for $10,000. The policy was to indemnify against the usual perils of the sea, &c, Each passage was subject to a separate average.
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*Thb action was brought upon a policy of insurance, dated Hay 5, 1854, executed and delivered by. the defendants to the plaintiff, whereby they insured the brig Brenda, at and from the 22d day of March, 1854, until the 22d day of March, 1855, at noon, loss payable to the plaintiff. The vessel was valued at $20,000, and the policy subscribed for $10,000. The policy was to indemnify against the usual perils of the sea, &c, Each passage was subject to a separate average. Ho partial loss or particular average was tobe paid unless amounting to five per cent. There were warranties not to use…
1Opinion of the CourtRobertson, J.
This action was brought on a time policy of insurance, for a year from March 22d, 1854, for $10,000, on the brig Brenda, her tackle, apparel and furniture, valued at $20,000, each passage to be subject to separate average, and no particular loss or particular average to be payable unless amounting to five per cent On the 4th of February, 1855, the brig sailed from Hong Kong, in China, bound to Shanghae, on the river Woo-sung, and back: on the way, after encountering stormy weather, she ran aground on the south bank of the river Tang-tze-kiang, into which the Woosung empties, and became so…
2Cases cited12 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Dorr v. Pacific InsuranceSupreme Court of the United States · 1822
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
- American Insurance v. Ogden & M'CombNew York Supreme Court · 1836
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3Cited by3 opinions
- Hobson v. LordSupreme Court of the United States · 1876
- Hobson v. LordSupreme Court of the United States · 1876
- Sherman v. Inman Steamship Co.New York Supreme Court · 1881