Thompson ex rel. Decala v. Mississippi Marine & Fire Insurance
Supreme Court of Louisiana
APPEAL PROM THE COUB.T OF THE PARISH AND CITY . OF NEW-ORLEANS. This was a suit to recover as for a total loss, under a policy of insurance upon the schooner Rebecca and Eliza, on a voyage from New-Orleans to Tampico. The policy contained the following clause : “Warranted by the assured free from any charge, damage, or loss which may arise- in consequence of having been engaged in illicit or prohibited trade at any time whatsoever.”
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APPEAL PROM THE COUB.T OF THE PARISH AND CITY . OF NEW-ORLEANS. This was a suit to recover as for a total loss, under a policy of insurance upon the schooner Rebecca and Eliza, on a voyage from New-Orleans to Tampico. The policy contained the following clause : “Warranted by the assured free from any charge, damage, or loss which may arise- in consequence of having been engaged in illicit or prohibited trade at any time whatsoever.” The defendants resisted the claim upon the following grounds: 1. Because the captain, for whose use the suit was brought, caused to be shipped onboard the vessel,…
1Opinion of the Court
Porter, /.,
delivered the opinion of the court.
The plaintiff’s claims as for a total loss, under a policy of insurance upon the schooner Rebecca and Eliza, on a voyage from New-Orleans to Tampico. There is • a warranty annexed to the policy freeing the assurers from any loss, damage or charge, which may arise in consequencejof having been engaged in illicit or prohibited trade, at any time whatsoever.
The 'defendants pleaded their exemption from responsibility.
Because the captain, for whose use the suit is brought, suffered to be shipped on board the schooner a variety of *233merchandise, produce…
2Cases cited2 opinions
- Ma. In. Co. of Alexandria v. J. and Jh TuckerSupreme Court of the United States · 1806
- Williamson v. RinggoldU.S. Circuit Court for the District of District of Columbia · 1830