Morean v. United States Insurance
Supreme Court of the United States
Error to the circuit court for the district of Pennsylvania. This was an action commenced by the plaintiff in error, upon a policy of insurance dated the 14th of December, 1812, on goods onboard the brig Betsey, at and from Cape Henry to Lisbon, at a premium of six per cent., on which 5,00(3 dollars, were underwritten by the defendants, and valued at that sum, declared to be against all risks, except British capture, warranted American property.
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Error to the circuit court for the district of Pennsylvania. This was an action commenced by the plaintiff in error, upon a policy of insurance dated the 14th of December, 1812, on goods onboard the brig Betsey, at and from Cape Henry to Lisbon, at a premium of six per cent., on which 5,00(3 dollars, were underwritten by the defendants, and valued at that sum, declared to be against all risks, except British capture, warranted American property. The jury found á verdict for the plaintiff, subje.ct to the opinion of the court upon the following facts agreed by the parties. The cargo consisted…
1Opinion of the Court
Washington, J,,
delivered the opinion of the .court, and, after stating^ the facts, proceeded as follows:..
■ All considerations connected with, the loss of the cargó, in respect to quantity qr value, ihay, at once, be dismissed from the case. As to memorandum articles, The insurer agrees to pay, for a total loss only, the in- ' sured taking upon himself all partial losses without exception..
If the property arrive at the port of.'discharge, 'reduced in quantity dr value, to any amount, the loss cannot be said to be total in reality, and the insured cannot treat it. as a. total, and demand an…
2Cases cited1 opinion
- Gardiner v. SmithNew York Supreme Court · 1799
3Cited by34 opinions
- State v. HillsSupreme Court of Louisiana · 1961
- United States v. LurosDistrict Court, N.D. Iowa · 1965
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Insurance Co. v. FogartySupreme Court of the United States · 1874
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