Gray v. Sims
U.S. Circuit Court for the District of Pennsylvania
This was a case reserved for the opinion of the court, and is as follows: — -On the 17tb of December, 1810, the plaintiff underwrote a policy for 5000 dollars, on two-thirds of the brig South-Carolina, belonging to the defendants [Sims & Bethel], on a voyage at and from Philadelphia to Calcutta, and at and from thence to Philadelphia, with liberty to touch and trade at Madras, on her outward and homeward voyages.
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This was a case reserved for the opinion of the court, and is as follows: — -On the 17tb of December, 1810, the plaintiff underwrote a policy for 5000 dollars, on two-thirds of the brig South-Carolina, belonging to the defendants [Sims & Bethel], on a voyage at and from Philadelphia to Calcutta, and at and from thence to Philadelphia, with liberty to touch and trade at Madras, on her outward and homeward voyages. The vessel cleared out for Calcutta, from Philadelphia, and sailed on the voyage insured, in December, 1810; and at Calcutta took in a cargo of British goods, one of the defendants…
1Opinion of the Court
WASHINGTON, Circuit Justice.
This case presents a question somewhat novel, from the particular circumstances of it; although it is fully within certain well-established principles of law, by which it may, without much difficulty, be decided. The question is, whether the policy was void, upon the ground, that the trade in which this vessel, during the voyage insured, was .to be employed, was, or might be forbidden by law. Before arriving at the immediate decision of this question, we lay down the following positions, which,if not admitted, may easily be proved: 1. That if the commerce in which…
2Cited by3 opinions
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Massillon Savings & Loan Co. v. Imperial Finance Co.Ohio Supreme Court · 1926
- Vos v. Albany Mutual Fire InsuranceSupreme Court of Minnesota · 1934