Warder v. Horton
Supreme Court of Pennsylvania
In Error. This was a writ of error to tbe District Court for the city and county of Philadelphia. By the record and bill of exceptions the case was thus: Horton and Cummings, the plaintiffs below, were the owners of the ship Charlotta, R. M’Call master, which in the year 1806 sailed from Savannah to Liverpool with a freight of cotton, amounting to 435i. 7s. lid, and from Liverpool to Charente in Prance and back with a cargo of brandy, earning a further freight of 491i. 17s.…
Read the full summary
In Error. This was a writ of error to tbe District Court for the city and county of Philadelphia. By the record and bill of exceptions the case was thus: Horton and Cummings, the plaintiffs below, were the owners of the ship Charlotta, R. M’Call master, which in the year 1806 sailed from Savannah to Liverpool with a freight of cotton, amounting to 435i. 7s. lid, and from Liverpool to Charente in Prance and back with a cargo of brandy, earning a further freight of 491i. 17s. 9d These sums and the concerns of the ship, were placed by the captain in the hands of Messrs. Logan, Lenox and Co. of…
1Opinion of the Court
Tilghman C. J.
This was an action on a policy of insurance on goods valued at 3000 dollars, the cargo of the ship Charlotta, on a voyage from Liverpool to Philadelphia, warranted American property. Warder, the defendant below, who is plaintiff in error, underwrote the policy for 500 dollars. The case comes before us on a bill of exceptions, and there are three questions for decision. 1st. Whether the plaintiffs had an insurable interest in the goods. 2. Whether there was a double insurance. 3d. Whether the warranty of the property being American was complied with.
[The Chief Justice then stated…
2Cases cited1 opinion
- Edwards v. WalkerSupreme Court of Louisiana · 1843
3Cited by1 opinion
- Russell ex rel. Crucet v. Union InsuranceUnited States Circuit Court · 1806