Jones v. Insurance Co. of North America
Supreme Court of Pennsylvania
Covenant, on a policy of insurance, dated the 30th of November 1792, upon the freight of the brig, called the Benjamin Franklin, valued at $3000, for a voy3ge “ at and from Bordeaux to a port in the United States,” against “ the seas, &e., arrests, restraints, detainments of all kings, &c.,” in the usual terms of the printed policies.
Read the full summary
Covenant, on a policy of insurance, dated the 30th of November 1792, upon the freight of the brig, called the Benjamin Franklin, valued at $3000, for a voy3ge “ at and from Bordeaux to a port in the United States,” against “ the seas, &e., arrests, restraints, detainments of all kings, &c.,” in the usual terms of the printed policies. The premium was six per sent.; and, it was declared, that this insurance is made on the freight of the above brig, valued at the sum insured, for two-thirds thereof, &o.” On the evidence, it appeared, that the brig sailed from Bordeaux, on the 17th day of…
1Opinion of the Court
The Chief Justice delivered the unanimous opinion of the court (all the judges being present) in the charge to the jury.
Shippen, Chief Justice.
— There is no direct judicial authority in the books, upon the case now before the court. The case must, therefore, be decided either upon principle, or upon usage.
The present policy is an insurance upon freight, against the jieril of an embargo, as well as against the other enumerated perils. The expense for seamen’s wages and provisions, claimed upon the policy, was an immediate consequence of the embargo at Bordeaux. That expense, it has been often…
2Cases cited3 opinions
- Kennedy v. GregorySupreme Court of Pennsylvania · 1803
- Jones v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
- Insurance Co. of North America v. JonesSupreme Court of Pennsylvania · 1807
3Cited by1 opinion
- Chancellor v. PhillipsSupreme Court of the United States · 1800