Grim v. Phœnix Insurance
New York Supreme Court
THIS was an action on a policy of insurance, on the schooner Melinda, from Philadelphia to New-York. The policy contained the -usual enumeration of the hazards insured against; such ás perils of the sea,fire, barratry of the master and mari ners, &c.
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THIS was an action on a policy of insurance, on the schooner Melinda, from Philadelphia to New-York. The policy contained the -usual enumeration of the hazards insured against; such ás perils of the sea,fire, barratry of the master and mari ners, &c. The vessel dropped down on the 12th of^October, 1811, below the city oí Philadelphia, where she took in 136 kegs of gunpowder, which were all stowed in the hold ; and on .the 14th of October, while she was in the Delaware, 40 kegs of gunpowder were taken out of the hold, and 36 kegs were put. ? 1 . , . . . , , , ° r , into the cabin, and stowed…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. The loss in this case is alleged to have been by fire. The policy contains the usual clause, specifying the perils insured against. The facts in this case briefly are, that the vessel being partly laden with powder, a candle was carelesly put up by the binnacle, which took fire, and communicated to the pówder, and the vessel was blown up, and lost, The question is, whether the underwriters are responsible ? On the part of the assured, it is contended, in the first place, that this was a'loss by barratry; and if not, still, under the general…
2Cases cited2 opinions
- Cleveland v. Union InsuranceMassachusetts Supreme Judicial Court · 1811
- Vos v. United InsuranceNew York Supreme Court · 1801
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- Natchez Insurance v. StantonMississippi Supreme Court · 1844
- Scripture v. Lowell Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1852
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