Armroyd v. Union Insurance
Supreme Court of Pennsylvania
THIS was an action on a policy of insurance dated the 28th of September 1803, upon the brig Fair American, valued at 5000 dollars, at and from Philadelphia to Barbadoes &c. The policy contained the following printed clause: “ If the above vessel after a regular survey should be con- “ demned for being unsound or rotten, the assurers shall “ not be bound to pay their subscriptions on this policy.”
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THIS was an action on a policy of insurance dated the 28th of September 1803, upon the brig Fair American, valued at 5000 dollars, at and from Philadelphia to Barbadoes &c. The policy contained the following printed clause: “ If the above vessel after a regular survey should be con- “ demned for being unsound or rotten, the assurers shall “ not be bound to pay their subscriptions on this policy.” The cause was tried before the Chief Justice at Nisi Frius in February last, in conjunction with a suit upon a policy on goods by the same vessel; and in each case the single question was…
1Opinion of the Court
Yeates J.
after stating the report and decree, delivered his opinion as follows:
It has been contended by the defendants’ counsel, that this survey, which I have detailed somewhat at large, forms a complete bar to the plaintiff’s recovery; and unless it be so construed, it defeats the object of the company in inserting the clause in question; — that the conclusion of the surveyors, immediately after the word therefore, is necessarily founded on what they had seen in their last visit, the decay of timbers, breasthook, trunnels and ceiling; and that the finding of the *401brig to be unworthy of…
2Cases cited1 opinion
- Garrigues v. CoxeSupreme Court of Pennsylvania · 1809