Vasse v. Ball
Supreme Court of the United States
THIS was an action on two Policies of Insurance for 28,000 dollars, upon the brig Salmon, and her cargo (both the property of the plaintiff, an American citizen) from Port-au-Paix to Philadelphia, in which these clauses were inferred: “It is declared that this assurance is made only against capture of the British, or any of the subjects of Great-Britain.” “The brig is warranted to be an American bottom; and the cargo of the said brig to be American property.”
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THIS was an action on two Policies of Insurance for 28,000 dollars, upon the brig Salmon, and her cargo (both the property of the plaintiff, an American citizen) from Port-au-Paix to Philadelphia, in which these clauses were inferred: “It is declared that this assurance is made only against capture of the British, or any of the subjects of Great-Britain.” “The brig is warranted to be an American bottom; and the cargo of the said brig to be American property.” On the trial, the following appeared to be the material facts: The brig, having carried a cargo of flour from Philadelphia to…
1Opinion of the Court
M‘Kean, Chief Justice.
The same difficulty, that occurred in the case of Bernardi v. Motteux, Doug. 555, certainly occurs in the present case:—how is the ground of condemnation to be ascertained ? The libel asserts in one place, that the property is French; in another place, that it is American; and the several statements, that the vessel was employed in assisting, or supplying, the French, also imply that it belonged to a neutral owner. The decree, however, is general: but can we impute to it, the absurdity of meaning to decide, that the vessel and cargo were, at the same time, neutral and…
2Cited by14 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1802
- Stoever v. StoeverSupreme Court of Pennsylvania · 1823
- Power v. HollmanSupreme Court of Pennsylvania · 1834
- (HC) Ramirez v. AguilarDistrict Court, E.D. California · 2023
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