Insurance Co. of North America v. Jones
Supreme Court of Pennsylvania
HIS was an action of covenant upon a policy of insurance, dated the 30th of November 1797, upon all kinds or lawful goods laden or to be laden on board the brig Beniamin Franklin, “ at and from Bordeaux to a port in the Uni- . r . , “ ted States, 3,000 dollars at six per cent. The policy was in the usual printed form, with the following memorandum written at the bottom.
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HIS was an action of covenant upon a policy of insurance, dated the 30th of November 1797, upon all kinds or lawful goods laden or to be laden on board the brig Beniamin Franklin, “ at and from Bordeaux to a port in the Uni- . r . , “ ted States, 3,000 dollars at six per cent. The policy was in the usual printed form, with the following memorandum written at the bottom. “ This insurance is declared to be made' w on the freight of the above brig, valued at the sum “ for two thirds thereof, which the assured warrants to be rt American property, &c.” The vessel sailed from Bordeaux on the 20th…
1Opinion of the Court
Tilghman C. J.
delivered the court’s opinion.
It appears by the bill of exceptions in this case, that the question is simply this: are the expenses and disbursements for seamen’s wages, provisions, &c. during the time the defendants’ ship was detained by an embargo at Bordeaux, to be considered as a partial loss, for which the underwriters on the freight are liable?
It is contended by the counsel for the plaintiffs in error, that these expenses fall upon the owners of the ship, and are not covered by the policy; but that at all events, if the underwriters are in any manner liable, the loss must…
2Cited by4 opinions
- Lessee of Allen v. ParishOhio Supreme Court · 1827
- Jones v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
- Chambers v. GarlandSupreme Court of Iowa · 1851
- Kingston v. GirardSupreme Court of Pennsylvania · 1803