Ma. In. Co. of Alexandria v. J. and Jh Tucker
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia. This was an action of covenant, by John and James II. Tucker, on a policy of insurance, dated September 1st, 1801, upon the sloop Eliza, at and from Kingston, in Jamaica, to Alexandria, in Virginia. *The defendants pleaded, 1st. That the vessel never sailed on the voyage insured, and was not prosecuting the voyage insured, at the time of the capture ; and 2d.
Read the full summary
Error to the Circuit Court of the district of Columbia. This was an action of covenant, by John and James II. Tucker, on a policy of insurance, dated September 1st, 1801, upon the sloop Eliza, at and from Kingston, in Jamaica, to Alexandria, in Virginia. *The defendants pleaded, 1st. That the vessel never sailed on the voyage insured, and was not prosecuting the voyage insured, at the time of the capture ; and 2d. A general performance of the covenants contained in *358 to *365 the policy ; upon which pleas, the issues were joined, and verdict and judgment for a total loss. At the trial, the…
1Opinion of the Court
Marshall, Ch. J.,
did not sit in the trial of this cause. The other judges, except Chase, J., whose ill health prevented his attendance, gave their opinions seriatim.
Johnson, J.
Upon the trial of this cause, in the court below, two grounds of defence were assumed by the plaintiffs in error. 1. That the policy had been avoided, by a deviation from the voyage insured. 2. That if the insured were entitled to recover at all, it could only be for an average, not a total loss.
In the argument before this court, the first ground was varied, and the plaintiffs in error contended, “ that the risk insured…
2Cases cited1 opinion
- Henshaw v. Marine Insurance Co.New York Supreme Court · 1805
3Cited by37 opinions
- Hampton Roads Carriers, Inc. v. Boston InsuranceDistrict Court, D. Maryland · 1957
- Greene v. Pacific Mutual InsuranceMassachusetts Supreme Judicial Court · 1864
- Christiansen v. Harrison WesternUtah Supreme Court · 2021
- Cors v. United StatesUnited States Court of Claims · 1948
- Jordan v. Frederick Leyland & Co.District Court, E.D. Louisiana · 1925
32 more not listed; retrieve them via the Exa API.