Bohlen v. Delaware Insurance
Supreme Court of Pennsylvania
This was an action upon a policy for 5000 dollars on thirty casks of coffee valued at 5250 dollars in the brig Rising Sun, at and from Philadelphia to Tonnington, or Bremen if not blockaded; warranted American property to be proved in Philadelphia only, and not to abandon in case of capture until after sixty days’ detention, unless previously condemned.
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This was an action upon a policy for 5000 dollars on thirty casks of coffee valued at 5250 dollars in the brig Rising Sun, at and from Philadelphia to Tonnington, or Bremen if not blockaded; warranted American property to be proved in Philadelphia only, and not to abandon in case of capture until after sixty days’ detention, unless previously condemned. The brig sailed upon the voyage insured on the 25th September 1807, and was captured on the 7th of December by the French privateer Jena, and carried into Amsterdam. On the 21st March 1808, the plaintiffs received a letter from their…
1Opinion of the Court
Til&hman C. J.
was of opinion that the judgment should be entered for the plaintiffs. His reasons are given in the next succeeding case.
Yeates J.
The facts out of which the law arises in the present case have been already stated.
The defendants resist the payment of the loss on the ground that the abandonment of the coffee insured was not made to them in a reasonable time. The brig was captured by the French privateer Jena on the 7th December 1807, and the abandonment was not made until the 10th September following; that is, in the course of nine months and three days after the capture. The…
2Cases cited6 opinions
- Rhinelander v. Insurance Co. of PennsylvaniaSupreme Court of the United States · 1807
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
- Suydam & Wyckoff v. Marine InsuranceNew York Supreme Court · 1806
- Earl v. ShawNew York Supreme Court · 1800
- Tom v. SmithNew York Supreme Court · 1805
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