Martin v. Delaware Ins.
U.S. Circuit Court for the District of Pennsylvania
Insurance made, on the 9th of November 1805, on one-third of the schooner Friendship, at and from Kingston, in Jamaica, to the-island of Aruba, and at and from thence, back to Kingston, with liberty to touch at Rio de la Hache.
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Insurance made, on the 9th of November 1805, on one-third of the schooner Friendship, at and from Kingston, in Jamaica, to the-island of Aruba, and at and from thence, back to Kingston, with liberty to touch at Rio de la Hache. On the 24th of December, a memorandum was endorsed on the policy, that, for the additional premium of a half per cent., the said vessel may take in the whole or a part of 'her cargo at Coro, without prejudice to the insurance; the additional premium to be returned, if she should not go to Coro. The vessel sailed on the voyage insured; stopped about eight days at Aruba;…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). In this case, the vessel was lost in consequence of the stopping at Aruba; but if it had been otherwise, still, if there was the smallest deviation from the usual course of the voyage, without a justifiable necessity, the underwriters are discharged, although the loss was not the immediate or certain consequence of the deviation.
The question is, what was the voyage, as described in this policy and memorandum. In giving the contract a construction, we must attend to the intention of the parties, as far as we can discover it; and we must supply as little as possible, beyond the…
2Cited by3 opinions
- Crosby v. FitchSupreme Court of Connecticut · 1838
- Rindskoff Bros. v. BarrettSupreme Court of Iowa · 1862
- Parsons v. Manufacturers' InsuranceMassachusetts Supreme Judicial Court · 1860