Kingston v. Girard
Supreme Court of Pennsylvania
Case on a policy of insurance, to recover for a total loss by capture. On the trial of the cause, two points of defence were urged : 1st. That there had been a deviation ; inasmuch as the vessel traded at the port to which she was carried by the captor. Park, 311, 312, 313, 295. 2d. That the extra-expenses for wages, provisions, &c., during a capture and detention, were not a subject of general average ; but a charge on the freight.
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Case on a policy of insurance, to recover for a total loss by capture. On the trial of the cause, two points of defence were urged : 1st. That there had been a deviation ; inasmuch as the vessel traded at the port to which she was carried by the captor. Park, 311, 312, 313, 295. 2d. That the extra-expenses for wages, provisions, &c., during a capture and detention, were not a subject of general average ; but a charge on the freight. Park, 54-55 ; Abb. 285, 3; 1 East, 220; Jones v. Insurance Company of North America (ante, p. 246). It was admitted by the plaintiff’s counsel, that after the…
1Opinion of the Court
By the Court.
— If the vessel, after her release, remained at Martinique, to which she was carried by the captor, longer than was necessary to prepare for her voyage, and for the purpose of trading, it was a deviation ; and the policy is void.
Whether the extraordinary expense incurred for seaman’s wages, provisions, &c., during the detention of the vessel, upon a capture as prize, is a subject of general average, forms an important question. In the case of Jones v. Insurance Company of North America, we decided, unanimously (and our opinion is strengthened by mature reflection), that such…
2Cases cited1 opinion
- Insurance Co. of North America v. JonesSupreme Court of Pennsylvania · 1807