Delaware Insurance v. Delaunie
Supreme Court of Pennsylvania
THIS was an action for money had and received, and money paid, laid out and expended, in which the fol- , -ip, . . c . lowing case was stated tor the opinion oi the court: The owner 0f goods chargeable with general average, is personally liable for tiie amoUnt of contribution, notwithstandhighe.bas abandoned totheundenvriters.
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THIS was an action for money had and received, and money paid, laid out and expended, in which the fol- , -ip, . . c . lowing case was stated tor the opinion oi the court: The owner 0f goods chargeable with general average, is personally liable for tiie amoUnt of contribution, notwithstandhighe.bas abandoned totheundenvriters. The supercargo of all the shipments but one on board a vessel, and having also the management of the Joined. with the captain in putting in a claim for the ship and entire cargo, on their being captured an ml . ,, •i,.’, “ The Sampson, captain Phippen, having sailed ior…
1Opinion of the Court
Tilghman C. J.
delivered the court’s opinion.
Two questions are submitted to the court upon the case stated. 1. Whether the defendant is intitled to retain the proportion of general average, chargeable on the insurances made by the private underwriters, by the North America Insurance Company, and by the Union Insurance Company on the defendant’s goods? 2. Whether on the facts laid before the court, the plaintiffs are intitled to interest?
$ The goods of Warder and son, in whose place the plaintiffs stand, were acquitted; but they were afterwards sold by the defendant’s agent, and the proceeds…
2Cited by5 opinions
- Pope v. BarrettU.S. Circuit Court for the District of Massachusetts · 1816
- Shewel v. GivanIndiana Supreme Court · 1830
- McKnight-Seibert Shopping Center, Inc. v. National Tea Co.Superior Court of Pennsylvania · 1979
- Bain v. PetersU.S. Circuit Court for the District of Eastern Virginia · 1890
- Smith v. Gurley, Pennsylvania Court of Common Pleas, Cambria County1941