Bell v. Smith
New York Supreme Court
. # This was an action on a policy of insurance, on the ship Mary, on a voyage from Charleston to Glasgow, and ^rom thence to Philadelphia. The cause was tried at the New-Yorlc sittings, on the 13th of June, 1806, before Mr. . J UStlCG 1 hompsOU.
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. # This was an action on a policy of insurance, on the ship Mary, on a voyage from Charleston to Glasgow, and ^rom thence to Philadelphia. The cause was tried at the New-Yorlc sittings, on the 13th of June, 1806, before Mr. . J UStlCG 1 hompsOU. The Mary set sail on her return voyage with a cargo for Philadelphia, but was compelled by stress of weather, to put into LamlashBay, ami afterwards van aground; and became so much injured, that it was thought best to break up the voyage, and sell her at public auction.— The vessel did not sell for one half of her first cost. An abandonment was made…
1Opinion of the Court
Per, Curiam.
Whether there was an acceptance of the abandonment or not, under all the circumstances, was a matter of fact for the jury to decide, and we are not disposed to disturb their verdict. The only point for our decision is as to the rule to be adopted for calculating the amount which ought to be paid bv the defendants,
*100The case of Leavenworth v. Delafield,* only settled how the different interests were to contribute towards a general average in case of capture, where no disaster had happened to injure the vessel or cargo. It would be obviously unequal to apply the same rule, where a…
2Cases cited1 opinion
- Leavenworth v. DelafieldNew York Supreme Court · 1804
3Cited by1 opinion
- Mutual Safety Ins. v. Cargo of the GeorgeDistrict Court, S.D. New York · 1845