Legal Opinion

Oldden v. M'Chesney

Supreme Court of Pennsylvania

Decided March 22, 1819Published

In Error. ERROR to the District Court for the city and county of Philadelphia. By the writ of error returned m this case it appeared, that it was an action brought by William M'-Ghesney, the plaintiff below, on a policy of insurance on the brig El Cu-1 1 ° lana, on a voyage from New Haven to St. Bartholomews.

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In Error. ERROR to the District Court for the city and county of Philadelphia. By the writ of error returned m this case it appeared, that it was an action brought by William M'-Ghesney, the plaintiff below, on a policy of insurance on the brig El Cu-1 1 ° lana, on a voyage from New Haven to St. Bartholomews. The brig was in fact American property, but the order for insurance stated that she would sail under Spanish colours, She accordingly sailed under Spanish colours, and was provided with Spanish papers, to deceive the cruisers of Great Britain, with whom the United States were at war. She…

1Opinion of the Court

The opinion of the Court was delivered by

Tilghman C. J.

1. The first and principal objection, is to that part of the charge, in which it is said, that “ if the goods were purchased before the blockade, and either deposited in stores, or coming on the road, for the purpose of being shipt, and then notice of the blockade were received, the captain might proceed afterwards to ship them, and sail on his voyage, without being guilty of a breach of blockade.” This was a very material point in the cause ; for, from the *75evidence, it seems highly probable that at least part of the cargo was shipt,…

2Cases cited2 opinions

  1. Hewes v. DoddridgeSupreme Court of Virginia · 1842
  2. Taylor v. WhittemoreSupreme Court of Louisiana · 1842

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