Icard v. Goold
New York Supreme Court
IN ERROR, on certiorari, from the justice’s court of the city of Nerv-Yorlc. Goold sued Icard in the court below for J seamairs wages. It appeared, by the return, that on the 23d of November, 1807, Goold shipped as a seaman on board the ship Gados, of which Icard was owner, and Obed Buncker master, on a voyage from New-York to Marseilles, and back to New-York, at 18 dollars per month, and received one month’s pay in advance.
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IN ERROR, on certiorari, from the justice’s court of the city of Nerv-Yorlc. Goold sued Icard in the court below for J seamairs wages. It appeared, by the return, that on the 23d of November, 1807, Goold shipped as a seaman on board the ship Gados, of which Icard was owner, and Obed Buncker master, on a voyage from New-York to Marseilles, and back to New-York, at 18 dollars per month, and received one month’s pay in advance. On , the 28th of November, 1807, the ship proceeded on her voyage, 7 7 .7 . .. 7 7 . .7 A7 . 1^-7 and while pursuing it, she was spoken, m the Gut of Gibraltar, by a gun…
1Opinion of the CourtPlatt, J.
(After mentioning the facts in the case, as above stated.) These facts, in regard to the insurance, are mentioned because they were relied on at the trial below, not because they are deemed essential in the case; for the law is well settled that insurance on freight is for the indemnity of the owners only, and does not enure to the benefit of seamen’s wages, which cannot be insured, either directly or indirectly. (M‘Huirk and others v. Ship Penelope, 2 Peters’ Adm. Decisions, 276.)
The maxim that freight is the mother of mages, contains the rule which governs this case.
This maxim implies that…
2Cited by3 opinions
- Van Beuren & Sands v. WilsonNew York Supreme Court · 1828
- Worth v. MumfordNew York Court of Common Pleas · 1855
- Henop v. TuckerU.S. Circuit Court for the District of Southern New York · 1872