Albany City Insurance v. Whitney
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JErie county: No. 124, to October and November'Term 1871. On the 20th of June 1870, a foreign attachment in assumpsit was issued out of the Court of Common Pleas of Erie county, at the suit of the Albany City Insurance Company to the use of George P. Griffith against Charles Whitney and others, tradin g as C. & D. Whitney, Jr., & Co., bail to dissolve $1200. Under the writ the schooner “ Grace Whitney” was attached-, and Captain Lewis…
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Error to the Court of Common Pleas of JErie county: No. 124, to October and November'Term 1871. On the 20th of June 1870, a foreign attachment in assumpsit was issued out of the Court of Common Pleas of Erie county, at the suit of the Albany City Insurance Company to the use of George P. Griffith against Charles Whitney and others, tradin g as C. & D. Whitney, Jr., & Co., bail to dissolve $1200. Under the writ the schooner “ Grace Whitney” was attached-, and Captain Lewis Elliott summoned as garnishee. Bail was entered, and the attachment dissolved. The declaration filed by the plaintiff was…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1873, by
Sharswood, J.
The declaration was in assumpsit upon an agreement by the defendants in consideration of the delivery to them of the cargo of a certain wrecked vessel by the plaintiffs, who were the salvors, to pay them such proportion of the expenses incurred as should be apportioned upon the said cargo, and averring an adjustment accordingly. To this the defendants pleaded in abatement that the cause of action originated on the great lakes, and within the marine jurisdiction of the United States, and being a claim for salvage, was…
2Cases cited5 opinions
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Railroad Co. v. HowardSupreme Court of the United States · 1869
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
- Clark v. HerringSupreme Court of Pennsylvania · 1812
- Greeves v. M'Allister, Pennsylvania Court of Common Pleas, Philadelphia County1809
3Cited by9 opinions
- Raymond v. LeishmanSupreme Court of Pennsylvania · 1914
- Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
- Amos v. Delaware River Ferry Co.Supreme Court of Pennsylvania · 1910
- Clauss v. AineySupreme Court of Pennsylvania · 1924
- Morinelli v. H. P. Garin Co.Superior Court of Pennsylvania · 1930
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