American Ins. Co. v. Johnson
District Court, S.D. New York
In admiralty. This was a libel in perso-nam, in behalf of ten Marine Insurance Companies of the city of New-York [against Otarles Johnson.] The libellants were underwriters upon the cargo of the brig Hercules, by twenty-eight several policies, to the amount of $151,875, for a voyage from New-York to Mobile. The brig sailed with a cargo valued at $180,000, and, in September, 1825, grounded on Carysfort reef on the coast -of Florida.
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In admiralty. This was a libel in perso-nam, in behalf of ten Marine Insurance Companies of the city of New-York [against Otarles Johnson.] The libellants were underwriters upon the cargo of the brig Hercules, by twenty-eight several policies, to the amount of $151,875, for a voyage from New-York to Mobile. The brig sailed with a cargo valued at $180,000, and, in September, 1825, grounded on Carysfort reef on the coast -of Florida. The respondent, who was master of a wrecking schooner, saw the Hercules the day before she grounded. At the time the two vessels came in sight of each other the…
1Opinion of the Court
BEITS, District Judge.
There are three •objections raised upon matters of form to the libellants’ recovery, which it may be well to consider before proceeding to the merits ■of the case.
It is insisted, first, that the libellants show no joint interest or common cause of action which entitles them to unite in this action. Points of practice and forms of pleading have for ages formed the most perplexing and entangled subjects of litigation in the jurisprudence we have adopted in this country. Those courts which derive their rules of procedure from the civil law have been generally supposed to be…
2Cited by1 opinion
- Jacobsen v. Dalles, P. & A. Nav. Co.District Court, D. Oregon · 1899