Maryland Insurance Company v. Le Roy, Bayard & M'evers
Supreme Court of the United States
ERROR to the Circuit Court for the district of Maryland, in an action of covenant brought by Le Roy and others, against thé Maryland Insurance Company, up0H a policy of insurance upon the Ship John, from York to five ports on the coast of “Africa, be“tween Castle D’Minina and Cape Lopez, including those “ports, and at and from them, or either of them, back to New York with liberties as per order for insurance.” •» /» » 0 The order, of insurance was as follows, viz: «At «…
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ERROR to the Circuit Court for the district of Maryland, in an action of covenant brought by Le Roy and others, against thé Maryland Insurance Company, up0H a policy of insurance upon the Ship John, from York to five ports on the coast of “Africa, be“tween Castle D’Minina and Cape Lopez, including those “ports, and at and from them, or either of them, back to New York with liberties as per order for insurance.” •» /» » 0 The order, of insurance was as follows, viz: «At « what rate will you insure three thousand five hundred “ dollars upon freight of the ship John of New York, “valued at-that…
1Opinion of the Court
Johnson J.
delivered the opinion of the Com í as follows :
In deciding on this cause the Court will confine itself to the' case made out on the 7th exception. Its decision on the point presented by that exception disposes of the case finally.
The opinion prayed for was, that, by taking in, at Fogo, an additional cargo, not sanctioned by the contract of insurance, the insurers were discharged from their liability under the policy.. The charge, delivered by the Court, was, that the • subsequent liability of the underwriters must depend upon the question, whether any increase of risk resulted from…
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