This historic book may have numerous typos, missing text, images,
or index. Purchasers can download a free scanned copy of the
original book (without typos) from the publisher. 1827. Not
illustrated. Excerpt: ... Hart et al. vs. The Delaware Insurance
Company. Hart, Vandyne, & Patterson Vs. The Delaware InsuRance
Company. Insurance on the freight of the Hannah, at and from
New-York to Wilmington in North-Carolina, and thence to Barbadoes,
and back to Philadelphia At Wilmington, a cargo was prepared to be
shipped in the Hannah, had she arrived there. The vessel was
forced, by stress of weather, to put into Norfolk, and arrived
there in a state of wreck. The agent of the plaintiffs gave notice
to the defendants' agent at Norfolk, and requested him to have all
the repairs made that were necessary; which he declined. The
repairs would have cost upwards of 3000 dollars, at which sum
the> vessel was insured. The plaintiffs offered to abandon, and
the vessel was sold for 325 dollars. If the injury which the vessel
sustained, exceeded one-half of her value, the insured had a right
to abandon, unless the underwriters would agree, al all events, to
pay for the repairs, though they should exceed what they were
liable for, if only a partial loss had taken place. The
underwriters are not bound to make or direct the repairs, in any
case; but if the injury sustained exceed one-half the value of the
vessel, and if the underwriters would prefer the voyage being
prosecuted, they must engage to pay what will be necessary to fit
her for the voyage, though it should exceed the sum underwritten.
The refusal of the agent of the defendants to pay for such repairs
only, as the defendants were liable for, and not for all the
necessary repairs, authorized the abandonment . Risk is the subject
of the contract of insurance, and until the risk commences, the
contract does not attach. Generally, an inchoate right to freight
does not commence until the cargo is put on board; but if the
General Books LLC
|Country of origin:
||246 x 189 x 10mm (L x W x T)
||Paperback - Trade
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