Faulkner v. Augusta Insurance
Supreme Court of South Carolina
Tried before Earle, J., at Charleston, June, 1841. This was an. action on a policy of insurance, made in Charleston, and dated 7th April, 1840, by which the defendants underwrote $6,270, on goods per schooner Es-tell, at and from Charleston to Mobile.
Read the full summary
Tried before Earle, J., at Charleston, June, 1841. This was an. action on a policy of insurance, made in Charleston, and dated 7th April, 1840, by which the defendants underwrote $6,270, on goods per schooner Es-tell, at and from Charleston to Mobile. It was proved, that the Estell, on the 20th April, 1840, struck on the Florida Reef, and was taken off by the wreckers, carried into Key-West, and libelled for salvage, and part of the goods sold to pay the salvage and expenses. On the arrival of the vessel at Mobile, the captain took an average bond, in which Harrison & Blair, the agents of the…
1Opinion of the Court
Curia, per
Richardson, J.
This case presents but one question of law : were the insured obliged to wait for the adjustment of the average loss; orto demand the contribution of the other shippers, or in any way to pursue the contributors, before demanding the total loss of their own shipment, against the insurers'] No doubt is entertained that such loss is embraced by the policy. The question is upon the condition and time of demanding it. And as little question is made, that either the insured or insurers may recover of the other shippers, their respective contributions, according to the…
2Cases cited3 opinions
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1806
- Thomas C. Amory & Co. v. JonesMassachusetts Supreme Judicial Court · 1810
- Lapsley v. PleasantsSupreme Court of Pennsylvania · 1812