Hughes v. The Union Insurance Company
Supreme Court of the United States
Error to the circuit court for the district of Maryland. This was an action of assumpsit brought on a policy insuring the ship Henry, arid her freight, “ at and from Teneriffe to the Havanna, and at and from thence to New-York, with liberty to stop at Matanzas.” At the trial the plaintiff gave in evidence the representation on which the policy was made, which contained this expression: “ We are to stop at Ma~ tanzas to know if there are any men of war off the Ha» vanna.”
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Error to the circuit court for the district of Maryland. This was an action of assumpsit brought on a policy insuring the ship Henry, arid her freight, “ at and from Teneriffe to the Havanna, and at and from thence to New-York, with liberty to stop at Matanzas.” At the trial the plaintiff gave in evidence the representation on which the policy was made, which contained this expression: “ We are to stop at Ma~ tanzas to know if there are any men of war off the Ha» vanna.” The vessel sailed from Teneriffe on- the 7th of April, 1807, and on the 7th of June following, put Matanzas, in the island…
1Opinion of the CourtChief Justice Marshall
At the trial cause seems to have turned princi- - pally on the necessity to unlade the cargo at Mantaiyxas produced by the order- of the Spanish government at the Havanna. As his court concprs with the circuit judge in the opinion that this order was obtained under circumstances which take .from it the character of a force imposed on the master, and compelling him to discharge his cargo, and is, therefore, no excuse for such discharge, it will be unnecessary farther to notice that part of the case. The question to be considered is, that part of the opinion which declares that unlading the…
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- Thorndike v. BordmanMassachusetts Supreme Judicial Court · 1827
- Thorndike v. BordmanMassachusetts Supreme Judicial Court · 1827
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