Mauran v. Insurance Co.
Supreme Court of the United States
Error to the Circuit Court for Massachusetts. Mauran brought suit in that court against the Alliance. Insurance Company on a policy of insurance upon the ship Marshall for one year from the 29th November, 1860, covering the sum of $8000. The insurance, as stipulated in the body of the policy, was “against the adventures and perils of the seas, fire, enemies, pirates, assailing thieves, restraints, and detainments of all kings, princes, or people of what nation or quality…
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Error to the Circuit Court for Massachusetts. Mauran brought suit in that court against the Alliance. Insurance Company on a policy of insurance upon the ship Marshall for one year from the 29th November, 1860, covering the sum of $8000. The insurance, as stipulated in the body of the policy, was “against the adventures and perils of the seas, fire, enemies, pirates, assailing thieves, restraints, and detainments of all kings, princes, or people of what nation or quality soever,” In the margin of the policy was the following: “Warranted by the assured free from Iqss or expense arising from…
1Opinion of the CourtJustice Nelson
The question in the case is, whether this taking of the vessel by the naval forces of the so-called Confederate States was a capture within the warranty of the assured in the margin of the policy ? If it was, then the loss is not one of the perils insured against, as the assured, in express terms, had assumed it upon himself.
A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of reprisal, with intent to deprive the owner of it. This was probably the primary or original…
2Cases cited2 opinions
- United States v. PalmerSupreme Court of the United States · 1818
- Winslow v. PrinceMassachusetts Supreme Judicial Court · 1850
3Cited by24 opinions
- The Three FriendsSupreme Court of the United States · 1897
- Sokoloff v. National City BankNew York Court of Appeals · 1924
- City of Chicago v. GageIllinois Supreme Court · 1880
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Republic of China v. National Union Fire InsuranceDistrict Court, D. Maryland · 1957
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