Smith v. Universal Insurance
Supreme Court of the United States
Error to the Circuit Court of Maryland. This was an action of covenant on a policy of insurance, underwritten by the defendants for the plaintiffs, on the 4th of February, 18 i 7, on a voyage at and from New-York, to and at a port or ports, placo or places, in the Gulph of Mexico, from the Balize to Campeachy, both inclusive, and from either back to New-York, ór a port of discharge in the United States, upon all kinds of lawful goods and merchandises laden, or to be laden,…
Read the full summary
Error to the Circuit Court of Maryland. This was an action of covenant on a policy of insurance, underwritten by the defendants for the plaintiffs, on the 4th of February, 18 i 7, on a voyage at and from New-York, to and at a port or ports, placo or places, in the Gulph of Mexico, from the Balize to Campeachy, both inclusive, and from either back to New-York, ór a port of discharge in the United States, upon all kinds of lawful goods and merchandises laden, or to be laden, on board the schooner Ellen Tooker. In another part of the policy, it is stated to be “ on cargo, consisting chiefly of…
1Opinion of the CourtJustice Story
Upon these facts, the Circuit Court directed the jury that the plaintiffs were not entitled to recover; and the propriety of this direction is the question before us upon this writ of error.
Two points have been argued at the bar: 1. That there was no actual restraint of persons acting under the authority of Spain, whereby the voyage was defeated. 2. That if a technical total loss took place, by the loss of the voyage, it was a loss occasioned by engaging in an illicit and prohibited trade, for which, by the memorandum in the policy, the underwriters are not liable.
The declaration and the…
2Cited by12 opinions
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Greene v. Pacific Mutual InsuranceMassachusetts Supreme Judicial Court · 1864
- New Hampshire Fire Insurance v. RupardCourt of Appeals of Kentucky · 1920
- Baker Castor Oil Co. v. Insurance Co. of North AmericaCourt of Appeals for the Second Circuit · 1946
- The Hellig OlavCourt of Appeals for the Second Circuit · 1922
7 more not listed; retrieve them via the Exa API.