Copelin v. Insurance Co.
Supreme Court of the United States
Error to the Circuit Court for the District of Missouri, in which court Oopelin brought suit against the Phoenix Insurance Company, on a policy of insurance for $5000 on the steamer Benton, valued in the policy at $45,000. The policy contained these stipulations: “ In case of loss, the party insured shall use every practicable effort for the safeguard and recovery of said steamboat, and if recovered cause the same to be forthwith repaired; and in case of neglect or refusal,…
Read the full summary
Error to the Circuit Court for the District of Missouri, in which court Oopelin brought suit against the Phoenix Insurance Company, on a policy of insurance for $5000 on the steamer Benton, valued in the policy at $45,000. The policy contained these stipulations: “ In case of loss, the party insured shall use every practicable effort for the safeguard and recovery of said steamboat, and if recovered cause the same to be forthwith repaired; and in case of neglect or refusal, on the part of the assured, to adopt prompt and efficient measures for the safeguard and recovery thereof, then the…
1Opinion of the CourtJustice Strong
Nothing in this record requires us to look beyond the special finding of the facts made by the court, or to do more than determine whether, upon the facts found, the plaintiff below was entitled to the judgment given.
As the sum insured by the policy was not greater than the sum required to make the additional repairs necessary to indemnify the plaintiff, it is difficult to perceive why, in any aspect of the case, he was not entitled to the judgment given. The defendants complain, however, that they have been held liable as for a constructive loss, when there was no right to abandon, and when…
2Cited by20 opinions
- United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
- Richelieu & Ontario Navigation Co. v. Boston Marine InsuranceSupreme Court of the United States · 1890
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- The E. A. Packer, ScullySupreme Court of the United States · 1891
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
15 more not listed; retrieve them via the Exa API.