Dickey v. American Insurance
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action on a policy of insurance on one half the body, tackle, apparel and other furniture, of the ship Frances Henrietta, the whole valued at $20,000, on a voyage from Antwerp to one or more ports in the India or China seas; and at or from the port or ports of lading to New-York, orto a port in Europe not north of Holland.
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Error from the supreme court. This was an action on a policy of insurance on one half the body, tackle, apparel and other furniture, of the ship Frances Henrietta, the whole valued at $20,000, on a voyage from Antwerp to one or more ports in the India or China seas; and at or from the port or ports of lading to New-York, orto a port in Europe not north of Holland. The vessel sailed from Batavia in the East Indies on her return voyage on 24th January, 1819, bound for Antwerp with a full cargo, most of which belonged to the plaintiff. (Dickey.) From the 20th of February to the 3d of March, the…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
It is a well settled rule of American insurance law, that if a vessel is damaged by any of the perils insured against, so that the necessary repairs to restore her to her former state and render her sea-worthy will exceed three fourths of her value before the disaster, the owner is not bound to repair, but may abandon as for a total loss. The injury is usually spoken of as an injury to more than half her value, because, in estimating the repairs, one third of the amount is deducted, on the ground that the vessel is made more valuable by…
2Cases cited1 opinion
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
3Cited by7 opinions
- Taber v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1881
- Orleans County Grammar School v. ParkerSupreme Court of Vermont · 1853
- Murray v. Great Western InsuranceNew York Supreme Court · 1893
- American Insurance v. Ogden & MacombCourt for the Trial of Impeachments and Correction of Errors · 1799
- Dutilh v. GatliffSupreme Court of Pennsylvania · 1806
2 more not listed; retrieve them via the Exa API.