Lapsley v. Pleasants
Supreme Court of Pennsylvania
Case for the opinion of the Court. “The plaintiffs insured with the defendant 12,000 dollars on goods on board the ship Herkimer, at and from London to New York, in an open policy. They had laden on board the said ship two hundred and three cases, seven trunks, and two bales of merchandise, the invoice value whereof was 23,882i. 12s. id. sterling, being at par of exchange equal to 103,819 dollars 63 cents.
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Case for the opinion of the Court. “The plaintiffs insured with the defendant 12,000 dollars on goods on board the ship Herkimer, at and from London to New York, in an open policy. They had laden on board the said ship two hundred and three cases, seven trunks, and two bales of merchandise, the invoice value whereof was 23,882i. 12s. id. sterling, being at par of exchange equal to 103,819 dollars 63 cents. On the voyage insured, the ship encountered very severe gales and weather, in consequence of which, and for the preservation of the remainder of the cargo, and of the lives of the crew, a…
1Opinion of the Court
Tilghmaít O. J.
This is an insurance on goods on board the ship Herkimer at and from London to New York. In the course of the voyage, the ship being in distress, part of the plaintiffs’ goods, to the amount of more than one half, were thrown overboard for the preservation of the remainder °^' *^e carg°5 an(l of the lives of the crew. Of the residue of the plaintiffs’ goods, part was found to be in a good condition on the arrival of the ship at New York, and part damaged, but not to the amount of five per cent., in which case, by the terms of the policy, the underwriters are not liable. On the…
2Cases cited1 opinion
- Thomas C. Amory & Co. v. JonesMassachusetts Supreme Judicial Court · 1810
3Cited by3 opinions
- Potter v. Providence Washington Ins.U.S. Circuit Court for the District of Rhode Island · 1826
- Griswold v. Union Mut. Ins.U.S. Circuit Court for the District of Southern New York · 1854
- Faulkner v. Augusta InsuranceSupreme Court of South Carolina · 1842