Savage v. Pleasants
Supreme Court of Pennsylvania
THIS was an action upon a policy of insurance, underwritten by the defendant, as President of the States Insurance Company, on the 4th of September 1807, upon goods by the ship Union} Jacobs, at and from Philadelphia to Antwerp, 15000 dollars at 10 per cent.
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THIS was an action upon a policy of insurance, underwritten by the defendant, as President of the States Insurance Company, on the 4th of September 1807, upon goods by the ship Union} Jacobs, at and from Philadelphia to Antwerp, 15000 dollars at 10 per cent. The policy contained an agreement by the assured not to abandon in less than sixty days after advice of capture or detention, and the usual clause in relation to illicit or prohibited trade, The cause was tried before the Chief Justice at a Nisi Prius in November last, when it was agreed that a verdict should be, entered for the…
1Opinion of the Court
On this day the Judges delivered their opinions.
Tilghman C. J.
On this case two questions are subr milted to the Court:
1. Whether the plaintiffs are intitled to recover for a total loss.
2. Whether if not for. a total, they may not recover for a partial loss, and on what principles such loss is to be es- ■ timated.
There is nc doubt but the voyage has been broken up by events beyond the plaintiffs’ fcontroul. But the defendants contend that they are not responsible, because it was not broken up by any peril which they insured against; not by perils of the sea, capture or restraint or arrest of…
2Cases cited6 opinions
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Craig v. United InsuranceNew York Supreme Court · 1810
- Livermore v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1804
- Thomas C. Amory & Co. v. JonesMassachusetts Supreme Judicial Court · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Lenzen v. City of New BraunfelsCourt of Appeals of Texas · 1896