Prescott v. Union Insurance
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of covenant brought in that Court by David W. Prescott against The Union Insurance Company of Philadelphia.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of covenant brought in that Court by David W. Prescott against The Union Insurance Company of Philadelphia. The action was upon a policy of insurance for $1500, dated the 30th of June, 1830, executed by the defendants upon the schooner James Munroe, at and from Philadelphia, to the Island of St. Thomas, and back to a port in the United States, with liberty of St. J ago or Porto Rico. The claim- was for a partial loss, incurred, as the plaintiff alleged, in consequence of a…
1Opinion of the Court
The opinion of the Court was delivered by,
Sergeant, J.
The legal principles in relation to sea-worthiness of vessels insured, are clearly and succinctly stated in the opinion of the (now) President of the District Court, brought up with this record. The plaintiff insists, that the doctrine on the subject is not applicable to the present case. He admits the law to be, as laid down in the authorities, that if a vessel sails on her voyage, and in a day or two, becomes leaky, and founders, or is obliged to return to port, without any storm, or visible or adequate cause to produce such an effect,…
2Cited by2 opinions
- Merchants' Insurance v. MorrisonIllinois Supreme Court · 1871
- Paddock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1831