American Insurance v. Dunham & Wadsworth
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Dunham and Wadsworth brought an action against the American Insurance Company, in the superior court of the city of New-York, on three policies of insurance upon the vessel, cargo and freight of a schooner, to recover the damages and expenses incurred in procuring the liberation of the vessel and cargo from a seizure at Porto Cabello, in Colombia, for a violation of the laws of the country prohibiting the importation of tobacco and cigars, and…
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Error from the supreme court. Dunham and Wadsworth brought an action against the American Insurance Company, in the superior court of the city of New-York, on three policies of insurance upon the vessel, cargo and freight of a schooner, to recover the damages and expenses incurred in procuring the liberation of the vessel and cargo from a seizure at Porto Cabello, in Colombia, for a violation of the laws of the country prohibiting the importation of tobacco and cigars, and for an intended fraud on the revenue, by reason of certain articles found in the possession of the master not being…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
The policies in this case contain the usual clause of insurance against barratry by the master or mariners, and the warranty, usually inserted in the New-York policies against loss by seizure,, or. account of illicit or prohibited trade, or-trade in articles contraband of-war. The loss was unquestionably occasioned by the barratry of the master and one of the marines. Barratry by the master of a vessel may be defined to be, any act of the master to the injury of his owners 'or freighters, without their assent, which is criminal, or which…
2Cases cited9 opinions
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1810
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
- American Insurance v. BryanNew York Supreme Court · 1841
- Suckley v. DelafieldNew York Supreme Court · 1804
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re LantisMichigan Supreme Court · 1861