Smith Thompson

Name: Patapsco Insurance Company v. Southgate — Opinion of the Court
Author: Smith Thompson

Patapsco Insurance Company v. Southgate…

Summary

“Patapsco Insurance Company v. Southgate — Opinion of the Court”, is a work by Smith Thompson. It explores elements such as deposition, abandonment and sale.

Quotes from Patapsco Insurance Company v. Southgate… (Smith Thompson)

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ The other questions arising upon the instructions relate to the sale of the vessel, and the sufficiency of the abandonment.
As a general proposition, there can be no doubt that the injury to the vessel may be so great, and the necessity to urgent, as to justify a sale. There must be this implied authority in the master, from the nature of the case. He, from necessity, becomes the agent of both parties; and is bound in good faith to act for the benefit of all concerned: and the underwriter must answer for the consequences, because it is within his contract of indemnity. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ It was not denied by the counsel for the plaintiffs in error, that in cases of extreme and urgent necessity, the master has the power to sell, if he acts in good faith, and the circumstances are such that a jury will find the necessity existed. All the circumstances must be submitted to the jury, and they must find both the necessity and good faith of the master in order to justify the sale. Necessity and good faith must concur; and the necessity is not to be inferred from the fact of sale in good faith, but must be determined from other circumstances. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ It may not however be amiss to observe, that there is very respectable authority, and that too founded upon pretty substantial reasons for saying, that no abandonment is necessary where the property has been legally transferred by a necessary and justifiable sale. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ Mr Justice Washington does there say, that the act of congress must be so construed as to confine its operations to depositions taken within the district, when the witness lives more than one hundred miles from the place of trial; but when a witness lives out of the district, and more than one hundred miles from the place of trial, his deposition, if taken, must be under a commission. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ It is true no authority is shown from the assured to the master to make the abandonment; and had it been communicated direct from the master to the underwriters, the objection would apply with full force. But this protest, containing the abandonment, was communicated to the underwriters by the plaintiffs. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ It is a power, however, that is to be exercised with great caution, and only in extreme cases. It is liable to great abuse; and must, therefore, in the language of some of the cases, be carefully watched. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ That if the jury find from the evidence, that the damage done to the schooner Frances by any perils of the sea on the voyage insured, could not be repaired without an expenditure of money to an amount exceeding half her value at the port of Carthagena, after such repairs, then such damage constitutes a total loss; and the plaintiffs are entitled to recover. ”

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Source: Wikisource

Smith Thompson, Patapsco Insurance Company v. Southgate…

“ That the plaintiffs are not entitled to recover for a total loss, unless the sale at Carthagena was in consequence of urgent and inevitable necessity: that no necessity will justify a sale by the master, unless it be urgent and inevitable ”

Smith Thompson

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