Pezant v. National Insurance
New York Supreme Court
Error from the superior court of the city of New-York. The National Insurance Company insured a brig belonging to the plaintiffs, on time, for one year from 8th February, 1832, the vessel being valued at §6000. On the 2d June, 1832, the brig, laden with a cargo of sugar, sailed from the port of St. Thomas bound to Charleston; on her voyage, to wit, on 7th June, she encountered a hurricane by which she was upset, the water rushed into her fore scuttle and companion way, and…
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Error from the superior court of the city of New-York. The National Insurance Company insured a brig belonging to the plaintiffs, on time, for one year from 8th February, 1832, the vessel being valued at §6000. On the 2d June, 1832, the brig, laden with a cargo of sugar, sailed from the port of St. Thomas bound to Charleston; on her voyage, to wit, on 7th June, she encountered a hurricane by which she was upset, the water rushed into her fore scuttle and companion way, and she was rapidly filling and sinking and in the act of turning bottom up, when the mariners succeeded in cutting away the…
1Opinion of the Court
By the Court,
Bronson, J.
From the facts detailed in the bill of exceptions, there can be1 no doubt that this was a case for general average contribution. The masts and rigging, at a moment of eminent peril, were cut away and lost for the common benefit of all—that being the only mode of saving either ship or cargo; and the owners of the goods and freight must contribute their just proportion towards the. loss sustained by the owner of the vessel. The plaintiffs do not deny that all parties in interest must bear their just proportion of the damage which was suffered by the vessel for the common *456…
2Cases cited5 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Maggrath v. ChurchNew York Supreme Court · 1803
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Peters Another v. Phœnix InsuranceSupreme Court of Pennsylvania · 1817
- Ralston v. Union InsuranceSupreme Court of Pennsylvania · 1812
3Cited by3 opinions
- Bolman v. OverallSupreme Court of Alabama · 1886
- Greely v. Tremont InsuranceMassachusetts Supreme Judicial Court · 1852
- Winn v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1833