Armroyd v. Union Insurance
Supreme Court of Pennsylvania
Ship an(1 oQds belonging to ownerswere insured from ^rtmlífs but the vessel’by aiei*was com pelled to put ’she w condemned and ^broken up. The goods goltb árlíd/e6 net proceeds of j”*ewere p,aicl cargo. The assured abandoned ship and goods, and recovered a verdict for a total loss in each case; but in adjusting the loss, they claimed to deduct out of the net proceeds of the goods which were to be credited to the underwriter, a pro rata freight to Antigua.
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Ship an(1 oQds belonging to ownerswere insured from ^rtmlífs but the vessel’by aiei*was com pelled to put ’she w condemned and ^broken up. The goods goltb árlíd/e6 net proceeds of j”*ewere p,aicl cargo. The assured abandoned ship and goods, and recovered a verdict for a total loss in each case; but in adjusting the loss, they claimed to deduct out of the net proceeds of the goods which were to be credited to the underwriter, a pro rata freight to Antigua. Held that no freight pro rata was due. $¡u. Whether if a pro rata freight had been due, it would have belonged to the underwriter on ship…
1Opinion of the Court
Tilghman C. J.
The plaintiffs claim an allowance for freight, to which they say they are intitled, because it was earned before their abandonment of the ship to the defendants. The goods were to be carried from Philadelphia to Barbadoes, so that freight would not be due till the delivery at Barbadoes. But they never were carried to Barbadoes; therefore, upon the original contract, the freight was not earned. It is contended however, that by the marine law, freight is due. pro rata itineris, although the voyage was but in part performed; and in support of this the case of Luke v. Lyde is relied…
2Cases cited2 opinions
- Davy v. HallettNew York Supreme Court · 1805
- Scott v. LibbyNew York Supreme Court · 1807
3Cited by9 opinions
- The Nathaniel HooperU.S. Circuit Court for the District of Massachusetts · 1839
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Gray v. WalnSupreme Court of Pennsylvania · 1816
- Callender v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1813
- C. W. Adams & Co. v. HaughtTexas Supreme Court · 1855
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