Marcardier v. Chesapeake Insurance
Supreme Court of the United States
Error to the Circuit Court for the district of Maryland. The facts of this case were thus stated by Story, J., in delivering the opinion of the court : This is an action on a policy of insurance, underwritten by the defendants, on the 29th of October 1806, for $31,000, upon any kind of lawful goods on board the brig Betsey, whereof Alexander McDougal was then *master, on a voyage at and from New York to Nantes.
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Error to the Circuit Court for the district of Maryland. The facts of this case were thus stated by Story, J., in delivering the opinion of the court : This is an action on a policy of insurance, underwritten by the defendants, on the 29th of October 1806, for $31,000, upon any kind of lawful goods on board the brig Betsey, whereof Alexander McDougal was then *master, on a voyage at and from New York to Nantes. McDougal -1 was the general owner of the brig, and on the 1st day of October 1806, by a charter-party of affreightment, made with the plaintiff, granted and to freight let, to the…
1Opinion of the CourtStory, J.
By the perils of the seas ; and 2d. By barratry of the master.
And first, as to a total loss by the perils of the seas. *It seems now clear, that a technical total loss may arise from the mere deterioration of a cargo by any of the perils insured against, if the deterioration be ascertained at an intermediate port of necessity, short of the port of destination. In such case, although the ship be in a capacity to perform the voyage, yet if the voyage be not worth pursuing, or the thing insured be so damaged and spoiled as to be of little or no value, the assured has a right to abandon the…
2Cases cited2 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Gardiner v. SmithNew York Supreme Court · 1799
3Cited by59 opinions
- Leary v. United StatesSupreme Court of the United States · 1872
- United States v. HvoslefSupreme Court of the United States · 1915
- United States v. SheaSupreme Court of the United States · 1894
- Reed v. United StatesSupreme Court of the United States · 1871
- Fishing Fleet, Inc. v. Trident Insurance Co., Ltd. And Pike/ancoCourt of Appeals for the Fifth Circuit · 1979
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