Calhoun ex rel. Fitzimmons v. Insurance Co. of Pennsylvania
Supreme Court of Pennsylvania
Ct OVENANT on a policy on goods on board the brig John, J Barker master, from Charleston South Carolina to Cadiz, 15000 dolls, at 15 per cent. The foot of the policy contained the following memorandum: “ This insurance is declared to be “ made on sugars not discharged from on board the above vesu sel at Charleston, where she brought them from Havanna. M Warranted by assured to be American property, to be proved, u if required, in this city, and not elsewhere.”
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Ct OVENANT on a policy on goods on board the brig John, J Barker master, from Charleston South Carolina to Cadiz, 15000 dolls, at 15 per cent. The foot of the policy contained the following memorandum: “ This insurance is declared to be “ made on sugars not discharged from on board the above vesu sel at Charleston, where she brought them from Havanna. M Warranted by assured to be American property, to be proved, u if required, in this city, and not elsewhere.” Upon the trial of the cause before Smith J. at Nisi Prius in July 1807, the material facts in evidence were these. On the 8th June…
1Opinion of the Court
Tilghman C. J.
This cause arises on a policy of insurance on the cargo of the brig John, Richard Barker master, at and from Charleston, South Carolina, to Cadiz, for 15,000 dollars, premium 15 per cent. At the foot of the policy is the following agreement: “ This insurance is declared to be made on sugars, “ not discharged from on board the above vessel at Charleston, “ where she brought them from Havanna, warranted by as- ■“ sured to be American property, to be proved, if required, in. “ this city, and not elsewhere.” The vessel was taken on her voyage by a British squadron blockading Cadiz,…
2Cases cited6 opinions
- Liotard v. GravesNew York Supreme Court · 1805
- First Municipality of New Orleans v. McDonoughSupreme Court of Louisiana · 1842
- State v. DesforgesSupreme Court of Louisiana · 1843
- Donohue v. HardingSupreme Court of Louisiana · 1841
- Dorsey v. HardingSupreme Court of Louisiana · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1802
- Schoch v. American International Corp.Supreme Court of Pennsylvania · 1926
- Vos v. United InsuranceNew York Supreme Court · 1801
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
3 more not listed; retrieve them via the Exa API.