Ludlow v. Union Insurance
Supreme Court of Pennsylvania
THIS was an action on a policy of insurance, underwritten by the defendants, on the brig Rolla, at and from New Tork to Monte Video. The vessel was warranted to be an ..American bottom, of which proof was to be required here only. The declaration averred a loss by capture.
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THIS was an action on a policy of insurance, underwritten by the defendants, on the brig Rolla, at and from New Tork to Monte Video. The vessel was warranted to be an ..American bottom, of which proof was to be required here only. The declaration averred a loss by capture. On the trial of the cause before Mr. Justice Yeates, at a Court of Nisi Prius, held in November, 1815, the pláintiff, who was admitted to be a citizen of the United States, to prove his property, gave in evidence the register of the Rolla, but exhibited no other document in support of her neutral character. The defence…
1Opinion of the Court
Tilghman C. J.
The plaintiff obtained a verdict in this case, and the defendants have moved for a new trial, because the verdict, as they allege, was against law and against the evidence. The defendants make two points. 1. That the loss happened by a breach of the blockade of Monte Video. 2d, That the plaintiff’s warranty of American property was broken. They also except to the opinion of the Judge before whom the cause was tried, in admitting the Captain of the Rolla (the plaintiff’s ship) as a witness for the plaintiff, to prove that Monte Video was not blockaded. The Captain had no release…
2Cases cited1 opinion
- Lawrence v. Van Horne & ClarksonNew York Supreme Court · 1803
3Cited by3 opinions
- Catlett v. Pacific InsuranceNew York Supreme Court · 1828
- Ocean Insurance v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 1828
- Reid v. Geoghehan, Pennsylvania Court of Common Pleas, Philadelphia County1836