Hooper v. Whitney
Supreme Court of Louisiana
Eastehit Dis. APPEAL EROK THE COMMERCIAL COURT OP NEW ORLEANS. This is an action by the late owners of the ship Bombay, to recover her from the defendant, who is a third purchaser and owner, after she had been sold as a wreck, and abandoned by the plaintiffs’, her owners, to the underwriters. The facts of the case are so fully stated in the opinion of the court, that it is unnecessary to recapitulate them.
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Eastehit Dis. APPEAL EROK THE COMMERCIAL COURT OP NEW ORLEANS. This is an action by the late owners of the ship Bombay, to recover her from the defendant, who is a third purchaser and owner, after she had been sold as a wreck, and abandoned by the plaintiffs’, her owners, to the underwriters. The facts of the case are so fully stated in the opinion of the court, that it is unnecessary to recapitulate them. The cause, after an elaborate investigation, with a- mass of testimony relating to the loss, abandonment, sale, purchase and repair of the vessel, &c., was submitted to a jury. There was a…
1Opinion of the Court
Gdrland, /.
delivered the opinion of the court.
The object of this suit is to recover from the defendant a ship called the Bombay, which the plaintiffs allege belongs to them, together with $10,000 damages. A writ of sequestration was asked for and obtained; the ship sequestered and released, upon giving bond as required by law.
The defendant, for answer, says this action cannot be maintained, because, if the plaintiffs ever had any right or title to the ship, which is not admitted, they have transferred and abandoned all their rights to certain insurance companies who had taken and held risks…
2Cases cited3 opinions
- The Chesapeake Insurance Company v. StarkSupreme Court of the United States · 1810
- Atlantic Insurance v. Storrow & BoydNew York Court of Chancery · 1835
- Columbian Insurance Company v. Ashby and StriblingSupreme Court of the United States · 1830
3Cited by2 opinions
- Louisiana State Bank v. Orleans Navigation Co.Supreme Court of Louisiana · 1848
- Graham v. LeddaSupreme Court of Louisiana · 1865