Rhinelander v. Insurance Co. of Pennsylvania
Supreme Court of the United States
This was a case certified from the Circuit Court for the district of Pennsylvania, in which the opinions of the judges of that court were opposed to each other upon the question, whether the plaintiff was entitled to recover, upon a case stated, the material facts of which were as follows : The defendants insured $12,500, on the freight of the plaintiff’s American ship The Manhattan, which had been chartered by Mintum & Champlin, for a voyage from New York to Batavia, and…
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This was a case certified from the Circuit Court for the district of Pennsylvania, in which the opinions of the judges of that court were opposed to each other upon the question, whether the plaintiff was entitled to recover, upon a case stated, the material facts of which were as follows : The defendants insured $12,500, on the freight of the plaintiff’s American ship The Manhattan, which had been chartered by Mintum & Champlin, for a voyage from New York to Batavia, and back to New York. The freight was valued in the policy at $50,000. The charter-party contained a covenant, that if any…
1Opinion of the Court
*Marshall, Ch. J.,
delivered the opinion of the court, as follows:— The Manhattan, a neutral ship, while prosecuting the voyage insured, was captured by a belligerent cruiser, the second mate and twenty-one of the hands were taken out, and two British officers and fifteen seamen put on board, and she was ordered into a British port. The mate soon afterwards arrived in the United States, in another vessel. On the 26th of February 1805, he gave information of these facts to the owner of the Manhattan, who, on the 28th of the same month, communicated it to the insurers, and offered to abandon to…
2Cited by40 opinions
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- Paros Properties LLC v. Colorado Casualty InsuranceCourt of Appeals for the Tenth Circuit · 2016
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
- Orient Insurance v. AdamsSupreme Court of the United States · 1887
- Dickey v. New York InsuranceNew York Supreme Court · 1825
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