Guy v. Citizens' Mut. Ins.
District Court, S.D. Alabama
In Admiralty. Suit on policy of marine insurance. The facts are - sufficiently stated in the opinion.
1Opinion of the CourtToulmtn, J.
By the law of marine insurance there is an implied warranty in every insurance of a ship, and in every voyage policy, that the vessel shall bo seaworthy; by which is meant that she shall be in a fit state as to repairs, equipment, and crew, and in all other respects, to perform the voyage insured, and to encounter the ordinary perils, at the time of sailing upon it; and, if she is not seaworthy for the voyage, there is a breach of the implied warranty. 1 Pritch. Adm. Dig. p. 987, § 1242; Id. p. 988, § 1249.
It is held that breaches of warranty are matters of defense, and must he pleaded by the…
2Cases cited1 opinion
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
3Cited by8 opinions
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- National Liberty Ins. Co. v. MilliganCourt of Appeals for the Ninth Circuit · 1926
- Nome Beach Lighterage & Transportation Co. v. Munich Assur. Co.District Court, N.D. California · 1903
- Franklin Sugar-Refining Co. v. FunchCourt of Appeals for the Third Circuit · 1896
- Merino v. Globe Rutgers Fire InsuranceSupreme Court of Puerto Rico · 1926
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