Hood's Executors v. Nesbit
Supreme Court of the United States
THIS was an action (tried at the sittings in Philadelphia in Nov. last) brought on a policy of insurance on the ship America, commanded by captain W. Keeler, from Philadelphia, to, at and from Fayal, against the defendants as underwriters.
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THIS was an action (tried at the sittings in Philadelphia in Nov. last) brought on a policy of insurance on the ship America, commanded by captain W. Keeler, from Philadelphia, to, at and from Fayal, against the defendants as underwriters. The jury found a special verdict; which, after stating the policy, the defendants’ subscription, and the arrival of the ship at Fayal, on the 23d December 1785, proceeds thus : “ And the said jurors further say, that about three weeks after the said William Keeler had so arrived at Fayal, in the said ship, he the said William Keeler, at the request of a…
1Opinion of the Court
The opinion of the Court was delivered on the 10th of January.
M‘Kean, Chief Justice,
after stating the material facts, said—This is either a deviation or a barratry. The nature of barratry seems now pretty well understood, and we think there ought to appear fraud in the master’s conduct, before it is considered as barratry. Barratry is a criminal act towards his owners, or an act done solely for his benefit, without the consent of the owners. We do not discover in this case, any marks of criminal misbehaviour, and the judgment must be for the defendants.
Shippen, Justice.
—It is a mere…
2Cited by31 opinions
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- Chisholm ex rel. Bigelow & Co. v. NewtonSupreme Court of Alabama · 1840
- Sun Oil Company v. Federal Power CommissionCourt of Appeals for the Fifth Circuit · 1957
- Phillips v. OliverSupreme Court of Pennsylvania · 1819
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