Abbott v. Broome
New York Supreme Court
This was an action of assumpsit on a policy of insu- , *. 1 ranee upon one-eighth of the ship Mary, valued at 2,875 dollars, on a voyage from Batavia to New-Yo'rk, tried be-f°re his Honor the Chief Justice, at the circuit held in New-York> in November 1800. On the trial it was proved, that the vessel, in the prose- „ , . , , , . r cution of the voyage insured, encountered heavy and acl- , e • i ■ , verse gales or wind, in consequence or which, and upon a general consultation…
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This was an action of assumpsit on a policy of insu- , *. 1 ranee upon one-eighth of the ship Mary, valued at 2,875 dollars, on a voyage from Batavia to New-Yo'rk, tried be-f°re his Honor the Chief Justice, at the circuit held in New-York> in November 1800. On the trial it was proved, that the vessel, in the prose- „ , . , , , . r cution of the voyage insured, encountered heavy and acl- , e • i ■ , verse gales or wind, in consequence or which, and upon a general consultation of officers and crew, it wás deter. minedt0 bear away for the West-Indies. That the ship, in t^ie beginning die month…
1Opinion of the Court
Hamilton for the plaintiff.
On the facts stated in the case, the application of the general and established principles of the law of abandonment, is so clear and plain, that surely no objections can be raised on that point. The right cannot but be acknowledged, and therefore to anticipate any thing which may be urged against it, will not be attempted. The question on which we apprehend the defendant will most rely, and which, it must be confessed, is of sufficient importance, is whether the repurchase of the vessel by the supercargo, did not turn this technical total, into merely an average…
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