Adams v. Delaware Insurance
Supreme Court of Pennsylvania
THIS cause was argued upon a statement of facts, which in substance were these: An abandonment after acquittal, and after an order ofrebeen given by C(mrt of last agerit 0f t]le as_ fared, is too late, notwithstanding it be made before actual restitution by the captors. is tlle state not the state of <]le party’s information at the 0fan a¡,an. ¡lunment, that Viclity.6 1 s'a" The plaintiff, on the 15th April 1806, caused insurance to be effected by the defendants upon goods…
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THIS cause was argued upon a statement of facts, which in substance were these: An abandonment after acquittal, and after an order ofrebeen given by C(mrt of last agerit 0f t]le as_ fared, is too late, notwithstanding it be made before actual restitution by the captors. is tlle state not the state of <]le party’s information at the 0fan a¡,an. ¡lunment, that Viclity.6 1 s'a" The plaintiff, on the 15th April 1806, caused insurance to be effected by the defendants upon goods by the schooner Hazard, at and from Philadelphia to St. Jago de, Cuba, at and from thence to Philadelphia; 7000 dollars…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
If we consider the final event in this case, there was in fact but a partial loss. The vessel and cargo were captured by the French, and carried into port; they were acquitted by the court of Admiralty judging of matters of prize, in the first instance, the captors appealed, and the decree of acquittal was affirmed by the court of the last resort; in consequence of which, the vessel and cargo were restored, and the voyage on which the insurance was made, was completed. But there was at one period, a total loss by capture, and an abandonment by…
2Cited by3 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Dorr v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1808