Gracie v. The Mary'd. Ins. Comp'y

12 U.S. 84

8 Cranch 84

3 L.Ed. 495

GRACIE

v.

THE MARY'D. INS. COMP'Y.

Feb. Term, 1814

1

This case differs from that against the Marine Insurance

Company of Baltimore* only in one particular. A part of the cargo

2

remained on board the ship until the arrival of the French troops

3

when the departure of the vessel was prohibited by the general and

4

the ransom made.

5

This circumstance does not, in the opinion of the Court, vary

6

the case; because, omitting all other considerations, the loss, within the risk, being on only a part of the cargo, is a partial loss, and is affected by the warranty against particular…