Olivera v. The Union Insurance Company
Supreme Court of the United States
Error to the circuit court for the district. of Maryland. On the 29th day of December, in the year 1812, the plaintiffs, who are-Spanish subjects, caused insurance to be mads on the cargo, of the brig called the St. Francis de Assise, “at and from Baltimore to the Havanna.” Beside the other perils insured against in the policy, according to the usual formula, were “all.wralawful arrests, restraints, and detainments of all kings,” &c.
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Error to the circuit court for the district. of Maryland. On the 29th day of December, in the year 1812, the plaintiffs, who are-Spanish subjects, caused insurance to be mads on the cargo, of the brig called the St. Francis de Assise, “at and from Baltimore to the Havanna.” Beside the other perils insured against in the policy, according to the usual formula, were “all.wralawful arrests, restraints, and detainments of all kings,” &c. The cargo and brig were Spanish property, a.nd were regularly documented as such. The vessel sailed from Baltin ore, and was detained by ice till about the 8th…
1Opinion of the Court
Mr.' CJúef Justice Marshall
delivered the opinion • of the court, and after, slating thé-facts, proceeded as follows:
Qri the part of the plaintiff in error, it-has been contended, that the assured'have sustained a technical total loss, by a peril within that clause in the policy, which insures “against all unlawful arrests, restraints,, •and detainments of kings,” &c.
He contends, 1st. That a blockade is a “restraint,” of a foreign power. 2d. That, on a neutral vessel, with a neutral cargo, laden before.lhe institution of the block-ade, it is ‘‘an unlawful restraint.”
The question, whether a…
2Cases cited8 opinions
- Rhinelander v. Insurance Co. of PennsylvaniaSupreme Court of the United States · 1807
- Fitzsimmons v. Newport InsuranceSupreme Court of the United States · 1808
- Lowry v. ErwinSupreme Court of Louisiana · 1843
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- Bonnet v. LegrasSupreme Court of Louisiana · 1841
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