Warren v. United Insurance
New York Supreme Court
This was an action on a policy of insurance on goods shipped on board the schooner Mary, on a voyage from New York to the island of St. Thomas. The schooner sailed from New York on the voyage insured, the 12th May, 1799. On the 14th May, the wind blowing fresh, she sprang a leak, in consequence of which the master, for the preservation of the lives of the crew, was obliged to put into Bermuda, which was the nearest port, where the vessel arrived on the 26lh May.
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This was an action on a policy of insurance on goods shipped on board the schooner Mary, on a voyage from New York to the island of St. Thomas. The schooner sailed from New York on the voyage insured, the 12th May, 1799. On the 14th May, the wind blowing fresh, she sprang a leak, in consequence of which the master, for the preservation of the lives of the crew, was obliged to put into Bermuda, which was the nearest port, where the vessel arrived on the 26lh May. The vessel was there surveyed by the wardens of the port of St. George, who found her timbers, planks and beams so decayed and…
1Per curiam
The verdict is palpably against evidence. The vessel was not competent to resist the ordinary attacks of wind and weather. On what ground the jury found the verdict, it is difficult to suppose; unless they misconceived the well settled and clear rule of law, that the want of seaworthiness in the vessel, will affect a policy on the goods, as well as on the vessel; for it is an implied warranty in every contract of insurance, whether on goods or ship, that the ship is seaworthy, and competent to perform the voyage insured. (Park, 230, 231.) The previous survey of the vessel makes no difference…
2Cases cited2 opinions
- Silva v. LowNew York Supreme Court · 1799
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1813
3Cited by1 opinion
- Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812