Merchants' Insurance v. Algeo & Co.
Merchants' Insurance v. Algeo & Co.
Opinion of the Court
The opinion of the court was delivered by
We have here two cases between the same parties, and depending on the same principles, and we treat them together.
Coal-boats and ice-boats on the Ohio river are not at all fit for navigation in the ordinary sense of “seaworthiness,” for they are very unmanageable, and cannot be landed without great risk, except in an eddy, and with a clean and deep shore. Yet they are insurable on a voyage.
Four of these were insured in the tow of a particular steamboat; and it has not power enough to maintain entire control of them. Are they therefore to be regarded as inadequately manned ?
We cannot say so as mere matter of law; for the law of such a case must consist of or be derived from the relevant customs of navigation on the river; and we have not learned, in our judicial
One action of covenant is no bar to another on the same instrument, claiming for another breach. We think that the court below committed no error.
Judgment affirmed.
Reference
- Full Case Name
- The Merchants' Insurance Company v. Algeo & Co.
- Status
- Published