Sansom v. Ball
Supreme Court of Pennsylvania
Case, on a policy of insurance, upon the freight of the ship Richmond, for a voyage at and from Philadelphia to Batavia, and thence back again.
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Case, on a policy of insurance, upon the freight of the ship Richmond, for a voyage at and from Philadelphia to Batavia, and thence back again. The premium was twenty per cent., “ to return five per cent., if the ship proceeds only to Batavia and back to Philadelphia, and no loss happens ; ” and the insurance was declared to-be “on freight advanced, here, and which, by agreement, is valued at $13,500.” The policy also contained the usual clause, that there should be no average loss recovered, if less than five per cent., unless it was general. On the-trial of the cause, it appeared, that the…
1Opinion of the Court
The chief justice, after stating the general facts, delivered the unanimous opinion of the court, in the following terms :
Tilghman, Chief Justice.
— In this case, two questions have been made : 1st. Had the plaintiff an insurable interest ? 2d. If it was insurable, was it liable to a general average ?
I. In order to determine whether the plaintiff’s interest was insurable, we must first ascertain the nature of it. It seems to be a kind of interest, not much known in Europe, though well known in this city. The plaintiff advanced a sum of money to the owners of the ship, in consideration of which…
2Cases cited1 opinion
- Underwood v. GreenThe Superior Court of New York City · 1864
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