Gracie v. Marine Ins. Co. of Baltimore
Supreme Court of the United States
Error to the Circuit Court for the district of Maryland. The facts of the case, as stated by Marshall, Ch. J., in delivering the opinion of the court, were as follows : This case arose on a policy of insurance, bearing date the 19th of June 1807, for $20,000, on the cargo of the ship Spartan, “at and from Baltimore to Leghorn,” the risk to commence on the loading, and to continue “until the said goods shall be safely landed at Leghorn aforesaid.”
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Error to the Circuit Court for the district of Maryland. The facts of the case, as stated by Marshall, Ch. J., in delivering the opinion of the court, were as follows : This case arose on a policy of insurance, bearing date the 19th of June 1807, for $20,000, on the cargo of the ship Spartan, “at and from Baltimore to Leghorn,” the risk to commence on the loading, and to continue “until the said goods shall be safely landed at Leghorn aforesaid.” The policy contained, in the printed part, the usual stipulation that the assured, in case of loss, should labor, &c., for the preservation and…
1Opinion of the Court
Marshall, Ch. J.,
after stating the case, delivered the opinion of the court, as follows : — The plaintiff in error contends, 1st. That the placing of the goods in the Lazaretto, was not “ a landing in safety at Leghorn,” and a termination of the voyage. 2d. If the loss happened during the continuance of the risk, the plaintiff is not prevented from recovering, by the warranty in the policy against particular average.
In support of his first point, he contends that “Leghorn,” in the policy, *82-¶ means the city and not the port of Leghorn. *2d. That the Laza- -* retto being substituted for the ship,…
2Cited by18 opinions
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Hostetter v. ParkSupreme Court of the United States · 1890
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Hillcrea Export & Import Co. v. Universal Ins. Co.District Court, S.D. New York · 1953
- Kessler Export Corp. v. Reliance Insurance Co. of Philadelphia, Penn.District Court, E.D. New York · 1962
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