Adams v. Pennsylvania Insurance
Supreme Court of Pennsylvania
The plaintiff, Robert Jldams, brought this action against the Insurance Company of Pennsylvania, on a policy of insurance dated September 2d, 1822, on the freight of the brig Shamrock, valued at four thousand dollars, on a voyage at and from Gibraltar to Bourdeaux, at and from thence back to Philadelphia, at a premium- of two per cent.
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The plaintiff, Robert Jldams, brought this action against the Insurance Company of Pennsylvania, on a policy of insurance dated September 2d, 1822, on the freight of the brig Shamrock, valued at four thousand dollars, on a voyage at and from Gibraltar to Bourdeaux, at and from thence back to Philadelphia, at a premium- of two per cent. The plaintiff was the owner of the Shamrock, which he sent to Gibraltar in the spring of 1822, with a cargo belonging to himself, to be sold at that place. The letter of instructions dated May 9th, 1822, to the master, R. Pickle, was to the following effect:…
1Opinion of the CourtHuston, J.
(after stating the case) delivered the opinion of the court as follows: ■ '
It was admitted, that the owner- of a vessel and cargo may insure on freight when carrying his own goods; but it is contended, that the policy never attached in this case. It was settled long ago, that although the goods, are. ready to be loaded, yet if none of them are actually on board, .and the vessel is driven from,her moorings and lost, there can be no recovery on an insurance on freight. 2 Sira. 1251. But it has also been settled, that if a vessel is. chartered to go to T., and take in a load and carry it to B.,…
2Cases cited1 opinion
- Riley v. Hartford Insurance Co.Supreme Court of Connecticut · 1817
3Cited by4 opinions
- Gilbert v. Moose's AdministratorsSupreme Court of Pennsylvania · 1883
- O'Hara v. CarpenterMichigan Supreme Court · 1871
- Juhel v. ChurchNew York Supreme Court · 1801
- United States v. BurkleyCourt of Appeals for the Tenth Circuit · 2010