Swan v. The Union Insurance Company of Maryland
Supreme Court of the United States
Error to the circuit court for the district of Maryland. This was an action on a policy of Insurance upon the. schooner Humming Bird, at and from New-York to Port Ru Prince, and at and from thence back to New-York. The policy was dated on the 21st of July, 1810, and the vessel sailed on the voyage insured on the 5th of that month.
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Error to the circuit court for the district of Maryland. This was an action on a policy of Insurance upon the. schooner Humming Bird, at and from New-York to Port Ru Prince, and at and from thence back to New-York. The policy was dated on the 21st of July, 1810, and the vessel sailed on the voyage insured on the 5th of that month. About the 5th of August follow ing, she arrived at Port au Prince, and was there stripped of her sáils and a considerable part óf her rigging by one James Gillespie, to whom she had been chartered for the voyage. This was done with the knowledge and acquiescence of…
1Opinion of the CourtChief Justice Marshall
The general principle unquestionably is, that to en-Pontiff t° recover, the loss must be occasioned one of the.perils- in the policy. This is equally the rule of reason and the rule oflaw. Buttheplamtiffcontends that the case of Vallejo v. Wheeler denies the uppl^ution- of this principle to a loss in a casein which barratry has been committed. • This, court is ", not of that opinion., The case of Vallejo v. Wheeler it to be immaterial whether the loss occurred during the continuance of the barratry,or afterwaxds, not whether the loss was produced by the barratry. Inthat Case the court was of…
2Cases cited1 opinion
- Cleveland v. Union InsuranceMassachusetts Supreme Judicial Court · 1811
3Cited by13 opinions
- Monarch Industrial Corp. v. American Motorists InsuranceDistrict Court, S.D. New York · 1967
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
- Republic of China v. National Union Fire InsuranceDistrict Court, D. Maryland · 1957
- Thomas Roberts & Co. v. Calmar SS CorporationDistrict Court, E.D. Pennsylvania · 1945
- Western Assur. Co. of Toronto v. ShawCourt of Appeals for the Third Circuit · 1926
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