Legal Opinion

King v. Delaware Ins.

U.S. Circuit Court for the District of Pennsylvania

Decided October 15, 1808PublishedCited by 1 opinion

This was an action founded on a policy of insurance, dated the 5th of December, 1807, on the freight of the ship Venus, valued at eight thousand dollars, at and from Philadelphia to the Isle of Prance. The policy was in the usual form. The jury, at the last term, found a special verdict as follows: That the plaintiff chartered the ship Venus to L. D. Carpentier, on the 10th of November 1807, as per charter party.

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This was an action founded on a policy of insurance, dated the 5th of December, 1807, on the freight of the ship Venus, valued at eight thousand dollars, at and from Philadelphia to the Isle of Prance. The policy was in the usual form. The jury, at the last term, found a special verdict as follows: That the plaintiff chartered the ship Venus to L. D. Carpentier, on the 10th of November 1807, as per charter party. (The charter party is for a voyage from Philadelphia to the Isle of Prance, and thence back, at a freight of twelve thousand dollars, of which two thousand dollars were to be paid at…

1Opinion of the Court

WASHINGTON, Circuit Justice.

The only question in this cause is, whether the ground of abandonment, stated in the notice, be sufficient in law, to entitle the plaintiff to recover as for a total loss. This question must depend upon the fair construction of the contract, which these parties have entered into. The nature of the obligation which the underwriter assumes, is, that the vessel or cargo, as either may be insured, shall go in safety to the port of destination; or that the freight shall be earned, if the insurance be upon freight, notwithstanding any of the perils enumerated in the…

2Cases cited3 opinions

  1. Scott v. LibbyNew York Supreme Court · 1807
  2. Neilson v. Columbian InsuranceNew York Supreme Court · 1806
  3. Schmidt v. United InsuranceNew York Supreme Court · 1806

3Cited by1 opinion

  1. Shapley v. TappanMassachusetts Supreme Judicial Court · 1812

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