Hallet v. Columbian Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on a cargo laden on board a vessel, called the Cornelia, on a VOyage at and from New-York to St. Thomas. The ■> o ■ policy was dated 20th January, 1807. The declaration r > \vas for a total loss, by barratry or the master, iriea non ClSSUtilpSlt• The cause was tried at the New-York sittings, in JDecember, 1810, before the Chief Justice.
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THIS was an action on a policy of insurance, on a cargo laden on board a vessel, called the Cornelia, on a VOyage at and from New-York to St. Thomas. The ■> o ■ policy was dated 20th January, 1807. The declaration r > \vas for a total loss, by barratry or the master, iriea non ClSSUtilpSlt• The cause was tried at the New-York sittings, in JDecember, 1810, before the Chief Justice. The policy and interest of the plaintiff were admitted, 1 J 1 From the testimony of the mate, it appeared that the vessel sailed from New-York, about the 19th January, 1807, on . . , , , . , the voyage insured. 1…
1Per curiam
The master of the vessel was to be considered as owner pro hac vice, or for the voyage insured. There was a complete letting of the entire vessel for the voyage. The master was to victual and man her at his own cost. He had the whole management and control, and according to the principle established, or admitted, in the cases of Velleijo v. Wheeler, (Cowp. 142.) M'Intyre v. Bowne, (1 Johns. Rep. 229.) and James v. Jones, (3 Esp. N. P. 27.) the person having such an interest and authority in the ship, is regarded as the temporary owner. There is no doubt that the master’s conduct was…
2Cases cited1 opinion
- Vos v. United InsuranceNew York Supreme Court · 1801
3Cited by10 opinions
- United States v. SheaSupreme Court of the United States · 1894
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- The Nathaniel HooperU.S. Circuit Court for the District of Massachusetts · 1839
- Nelson v. Western Steam Navigation Co.Washington Supreme Court · 1909
- Kenzel v. KirkNew York Supreme Court · 1861
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