Legal Opinion

Ferguson v. Phœnix Insurance

Supreme Court of Pennsylvania

Decided July 12, 1813PublishedCited by 1 opinion

THIS was an action of covenant upon a policy for 3209 dollars, dated the 2d of November 1807, on goods by S^'P Logan, My rick master, at and from New York to Amsterdam, “with liberty, in case of being turned off on ac-u count of blockade, to proceed to a neighbouring portP Premium ten per cent., to return two, in case or sate arrival, At the trial of the cause before Yeates T. at a Nisi Prius, . , , , , . in January last, the plaintiffs, having opened their case to (¿g jury…

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THIS was an action of covenant upon a policy for 3209 dollars, dated the 2d of November 1807, on goods by S^'P Logan, My rick master, at and from New York to Amsterdam, “with liberty, in case of being turned off on ac-u count of blockade, to proceed to a neighbouring portP Premium ten per cent., to return two, in case or sate arrival, At the trial of the cause before Yeates T. at a Nisi Prius, . , , , , . in January last, the plaintiffs, having opened their case to (¿g jury entirely from written and printed documents, the defendants demurred; and on this demurrer it came now before the Court.…

1Opinion of the Court

Tilghman C. J.

after stating the facts, delivered his opinion as follows:

Serious objections have been made to the captain’s conduct in remaining so long at Corves, after he had obtained a license to proceed to Amsterdam, and also to the conduct of the plaintiffs’ agents in London, in suffering so long a time to elapse before information was given of the discharge of the cargo. I shall give no opinion on these objections, nor on the point raised by the plaintiffs’ counsel, and very well argued, touching the general right to abandon, in consequence of the situation in which the ship was placed…

2Cited by1 opinion

  1. Krumbhaar v. Marine InsuranceSupreme Court of Pennsylvania · 1815

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