Brown v. Girard
Supreme Court of Pennsylvania
This cause came on again to trial, a new trial having been ordered at the last December term. The suit was brought on two policies of insurance; the one on goods laden on board the schooner Eagle, at and from Eden-ton in North Carolina to Cape Nichola Mole; the other on the schooner herself, during the voyage. , The plaintiff offered in evidence, the protest of Orlando Dane, the master of the schooner, taken in Philadelphia on the 12th June 1797, ten days after the…
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This cause came on again to trial, a new trial having been ordered at the last December term. The suit was brought on two policies of insurance; the one on goods laden on board the schooner Eagle, at and from Eden-ton in North Carolina to Cape Nichola Mole; the other on the schooner herself, during the voyage. , The plaintiff offered in evidence, the protest of Orlando Dane, the master of the schooner, taken in Philadelphia on the 12th June 1797, ten days after the subscription of the two policies, tending to shew that the vessel was forced by winds and weather into this port. *The…
1Opinion of the Court
By the Court.
Let the protest be read and be judged of by the jury, agreeably to the uniform practice. We consider this matter very fully, on the motion for the new trial, and adhere to the opinion we then delivered. The usage is founded on the convenience of trade, and is attended with salutary effects. If the defendant’s doctrine prevails, few losses will be recovered on policies of insurance.
The protest was then read, wherein the mate and one of the seamen had joined. It appeared thereby that the schooner sailed from Edenton on the 4th June 1797, and struck heavily on Ocra-cock bar, whereby…
2Cited by2 opinions
- Taylor v. LowellMassachusetts Supreme Judicial Court · 1807
- Natchez Insurance v. StantonMississippi Supreme Court · 1844