Rouse v. Insurance Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
This was an action on a time policy of insurance upon a vessel lying at the time of the insurance made, in her home port; and by the terms of the policy to be employed as a passenger vessel between New York and Galveston, in Texas. [The facts, as found by special verdict, were .these: The policy, dated the 30th January, 1800, was "on a steamboat named the Commerce, then lying in the port of Baltimore.” and by it the defendant agreed to insure the boat, “for one year,…
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This was an action on a time policy of insurance upon a vessel lying at the time of the insurance made, in her home port; and by the terms of the policy to be employed as a passenger vessel between New York and Galveston, in Texas. [The facts, as found by special verdict, were .these: The policy, dated the 30th January, 1800, was "on a steamboat named the Commerce, then lying in the port of Baltimore.” and by it the defendant agreed to insure the boat, “for one year, commencing on the 27th day of December, 1860. at noon, and ending on the 27th day of December, 1861; the policy to attach on…
1Opinion of the Court
GRIER, Circuit Justice.
As neither the case of Small v. Gibson, 17 Jur. 1131, and 24 Eng. Law & Eq. 16, nor that of Jones v. Insurance Co. [Case No. 7,470], decide that all time policies differ from voyage policies as to the implied warranty, but as each decide, only that the peculiar species of time policies then under consideration (which, as will appear, was the same in both cases), did not come under the rule applicable to voyage policies, it will be necessary to notice more particularly the covenants of those policies, and then examine the reasons given for not subjecting the assured to…
2Cited by1 opinion
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