Legal Opinion

Terril v. Flower

Supreme Court of Louisiana

Decided May 15, 1819PublishedCited by 6 opinions

Appeal from the court of the first district. This is a suit ⅝ brought against the defendants, as the plaintiffs’ r , , . agents, lor neglecting to make insurance on a vessel, the property of the plaintiffs, according to order and to promise : by which the plaintiffs in-1 ' 1 eurred a partial loss. If the facts of the order, of the promise to comply with it, and of the loss be proved, the plaintiffs must recover.

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Appeal from the court of the first district. This is a suit ⅝ brought against the defendants, as the plaintiffs’ r , , . agents, lor neglecting to make insurance on a vessel, the property of the plaintiffs, according to order and to promise : by which the plaintiffs in-1 ' 1 eurred a partial loss. If the facts of the order, of the promise to comply with it, and of the loss be proved, the plaintiffs must recover. The law does not seem to 5e disputed ; and if it were, it is too clear t1> 1 ’ need any reference to authority to its support. I The order and the promise to comply with it, are…

1Opinion of the CourtDekbigny, J.

Abel Terril and John T. Marsh, for. merly trading under the firm of Terril Sc Marsh, owned a brig narped the Hero, which while here was consigned to the house of Flower and Fin-lay, the defendants, in February J817. Sometime before the departure of the brig from thjs port, John T. Marsh one of the plaintiffs applied to them to cause the vessel to be insured. It js al. ledged that he gave positive orders for that purpose, requesting the insurance to be made both for the outward and the return voyage. The im *637surance, however was not effected; and the brig having been struck by lightning and…

2Cited by6 opinions

  1. Smith v. GortonSupreme Court of Louisiana · 1836
  2. Warfield v. LudewigSupreme Court of Louisiana · 1844
  3. Chorn v. MerrillSupreme Court of Louisiana · 1854
  4. Commercial Bank Trust Co. of Alexandria v. TurreganoSupreme Court of Louisiana · 1931
  5. Guidrey v. VivesSupreme Court of Louisiana · 1825

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