Morse v. St. Paul Fire & Marine Ins.

(orally). In this case a cargo was insured from Calais to Philadelphia. It is claimed that the vessel was unseaworthy at the time the risk was to commence, and that, therefore, the risk never attached. The vessel during her voyage touched *749in at Port Clyde, in the town of St. George, having met with some bad weather; and it is also claimed by the defense that she was then found to be in a condition which prohibited her from safely proceeding further on her voyage, that this was known to the master, that the master should have made repairs at that port, and that his not doing so discharged the…