Ritchie v. United States Insurance
Supreme Court of Pennsylvania
THIS case was tried before Duncan J. on the 3d December, 1819, and a verdict found for the plaintiff, subject to the opinion of the Court. _ . v, r - , , It was an action on a policy ot insurance on the schooner Hope, at and from Philadelphia to Corunna. The insured agreed, “ not to abandon in case of capture, in less than 60 days after advice thereof, unless previously condemned.”
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THIS case was tried before Duncan J. on the 3d December, 1819, and a verdict found for the plaintiff, subject to the opinion of the Court. _ . v, r - , , It was an action on a policy ot insurance on the schooner Hope, at and from Philadelphia to Corunna. The insured agreed, “ not to abandon in case of capture, in less than 60 days after advice thereof, unless previously condemned.” The schooner sailed from Philadelphia on the 27th October, .... ’ 1812, and proceeded on her voyage in which she suffered some damage in consequence of bad weather. Within a few hours sail of Corunna, she was…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
The plaintiff contends, that he is entitled to recover for a total loss on two grounds. 1st. That the voyage was broken up. 2d. That the schooner suffered damage to the amount of more than one-half her value. 1. In considering the first question, we'must remember, that there, is a great difference between an insurance on a ship] *507and an insurance on her cargo, as it is not improbable; that some confusion may have been introduced, from not keeping our ideas of these two kinds of insurances entirely separate. The insurer on the ship, has…
2Cases cited1 opinion
- Oliver v. Newburyport InsuranceMassachusetts Supreme Judicial Court · 1807
3Cited by3 opinions
- Columbian Insurance Company v. Ashby and StriblingSupreme Court of the United States · 1830
- Strickler v. ToddSupreme Court of Pennsylvania · 1823
- Gardiner v. SmithNew York Supreme Court · 1799