De Tastett v. Crousillat
U.S. Circuit Court for the District of Pennsylvania
The jury were empannelled to try issues in two actions, the one brought to recover the ■amount of a bill of exchange, drawn by the defendant on a house at Rochelle, in favour -of the plaintiffs, for two thousand pounds sterling, and damages, the same having been protested; and the other for the balance of a commercial account.
Read the full summary
The jury were empannelled to try issues in two actions, the one brought to recover the ■amount of a bill of exchange, drawn by the defendant on a house at Rochelle, in favour -of the plaintiffs, for two thousand pounds sterling, and damages, the same having been protested; and the other for the balance of a commercial account. The plaintiffs are merchants residing at London, between whom and the defendant very considerable transactions had taken place, principally in the drawing of bills on each other, and insurances effected in England, on vessels and cargoes, sent by the defendant to…
1Opinion of the CourtWashington, Circuit Justice
The first question arises upon the defendant’s claim of seven thousand pounds. The law is clear, that if a foreign merchant, who is in the habit of insuring for his correspondent here, receives an order for making an insurance, and neglects to do so, or does so differently from his orders, or in an insufficient manner, he is answerable, not for damages merely, but as if he were himself the underwriter, and he is of course entitled to the premium. In this case an insurance was effected, valid so far as it went, and had it gone as far as the defendant contends it ought, it would, by the legal…
2Cited by3 opinions
- Crenshaw v. JacksonSupreme Court of Georgia · 1849
- Coquard v. WeinsteinMontana Supreme Court · 1895
- National Mahaiwe Bank v. HandNew York Supreme Court · 1895