Dorr v. Pacific Insurance
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New-York. This was an action of assumpsit upon a policy of insurance subscribed by the defendants on the 8th September, 1819, whereby they insured the ship Holofem, belonging to the plaintiff, and valued at $6,125, on a voyage from Wiscasset in Maine to Havana in the West Indies.
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Error to the Circuit Court for the Southern District of New-York. This was an action of assumpsit upon a policy of insurance subscribed by the defendants on the 8th September, 1819, whereby they insured the ship Holofem, belonging to the plaintiff, and valued at $6,125, on a voyage from Wiscasset in Maine to Havana in the West Indies. The policy contained the following clause: “ And lastly, it is agreed, that if the above vessel, upon a regular survey, should be thereby declared unseaworthy, by reason of her being unsound or rotten, or incapable of prosecuting her voyage on account of her…
1Opinion of the CourtJustice Johnson
The material question in this cause arises on the cops -uction of a clause in the policy, expressed in these words, “ and lastly, it is agreed that if the above vessel, upon a regular survey, should be thereby declared unseaworthy, by reason of her being unsound or rotten, or incapable of prosecuting her voyage on account of her being unsound or rotten,” then the assurers shall not be bound to pay their subscription on this policy. The special verdict negatives the proposition of the vessel’s being unsound at the time of her sailing, and it is contended for the plaintiff, that this…
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