Marshall v. Delaware Insurance
Supreme Court of the United States
Error to the Circuit Court for the district of Pennsylvania, in an action for a total loss, on a policy of insurance on the Brig Rolla, her cargo and freight. The material facts stated, were, that the Brig Rolla, a neutral vessel, while prosecuting the voyage insured, was captured by a belligerent cruiser, and libelled as prize of war.
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Error to the Circuit Court for the district of Pennsylvania, in an action for a total loss, on a policy of insurance on the Brig Rolla, her cargo and freight. The material facts stated, were, that the Brig Rolla, a neutral vessel, while prosecuting the voyage insured, was captured by a belligerent cruiser, and libelled as prize of war. On the 9th of July 1806, a final sentence in favor of the vessel and cargo was passed, and on the 19th of the same month, about one o’clock P. M., restitution was made. On the I'/th of July, the assured, in *New York, received information of the capture, and -1…
1Opinion of the Court
Marshall, Ch. J.,
after stating the facts of the *2061 caseJ as above, delivered the opinion of the court as follows : — *The -* question submitted to the consideration of the court is this : is the assured entitled to recover for a partial or for a total loss ?
In support of the claim for a total loss, two points have been made : 1st. That the state of information at the time of the abandonment, not the state of the fact, must decide the right of the assured to abandon. If this be otherwise, then, it is contended, 2d. That the right to abandon is coextensive with the detention, which continued…
2Cited by7 opinions
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Orient Insurance v. AdamsSupreme Court of the United States · 1887
- Dorr v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1808
- Fuller v. Kennebec Mutual InsuranceSupreme Judicial Court of Maine · 1850
- Cheesman v. US Department of Homeland SecurityDistrict Court, E.D. Washington · 2020
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