Delaware Insurance v. Winter, Latimer & Co.
Supreme Court of Pennsylvania
This was an action of covenant, brought by Winter, Latimer & Co. against the Delaware Mutual Safety Insurance Company. The case was this: On the 7th of May 1851, the defendants had insured for the plaintiffs $2500 on the schooner Orb, valued at $5500, and $5000 on a cargo valued at $17,000, on a voyage from Baltimore to Portland, Oregon.
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This was an action of covenant, brought by Winter, Latimer & Co. against the Delaware Mutual Safety Insurance Company. The case was this: On the 7th of May 1851, the defendants had insured for the plaintiffs $2500 on the schooner Orb, valued at $5500, and $5000 on a cargo valued at $17,000, on a voyage from Baltimore to Portland, Oregon. The vessel had sailed May 1st 1851, and on or about the 28th of July, was compelled by tempestuous weather to put into Bio Janeiro for repairs. To make the necessary repairs, the company borrowed $3272.14 of Maxwell, Wright & Co., of Bio, which, with marine…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— This was an action to recover an insurance of the schooner Orb and cargo, on a policy for a voyage from Baltimore to Portland, Oregon, in May 1851. In December 1851 the vessel put into the port of Rio in distress, and was, with the cargo, abandoned to the underwriters as for a total loss. The *186assignments of error upon instructions to the jury are numerous, and have been most elaborately and ably argued on both sides. The discussion has served to point attention to the material questions raised, and these alone we shall proceed to notice.
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2Cases cited1 opinion
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840