Gourdon v. President of the Insurance Co. of North America
Supreme Court of Pennsylvania
These were two-actions of covenant, brought on two policies of insurance dated 18th April 1797, the one on the cargo of the schooner Felicity, FIulings Cowperthwaite master at and from Philadelphia to Leogane, and at and from thence back again, valued at $20,000, and the other on the said schooner, valued at $5,000. The defendants pleaded non infregit conventiones, with notice of set off.
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These were two-actions of covenant, brought on two policies of insurance dated 18th April 1797, the one on the cargo of the schooner Felicity, FIulings Cowperthwaite master at and from Philadelphia to Leogane, and at and from thence back again, valued at $20,000, and the other on the said schooner, valued at $5,000. The defendants pleaded non infregit conventiones, with notice of set off. The policies contained a warranty, that the schooner and cargo were American property; and they were insured against * 0-1 ‘*:all risks, at a premium of 12^ per cent. The form of the 3 1 -I policies extended…
1Opinion of the CourtShippen, C. J.
delivered the charge of the court in substance as follows. The insurances, loss and abandonment have been admitted, though the time of offer of the latter to the company has not been agreed on. The notice of the assignments appears to be material in no other view, in this case, than from the inference deduced from thence, that the defendants were accessary to the loss sustained by the creditors of Gourdon. If the suits had been brought by him for his own use, the set off would clearly obtain against him, and operate as a defence pro tanto, because the counter demand had actually become due…
2Cases cited1 opinion
- De Bolle v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1839
3Cited by3 opinions
- De Bolle v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1839
- Earl v. ShawNew York Supreme Court · 1800
- Frants ex rel. Stine v. BrownSupreme Court of Pennsylvania · 1828