Jennings v. Insurance
Supreme Court of Pennsylvania
This was an action of covenant upon two policies of insurance underwritten by the defendants on the 9th of April 1801; one for 8000 dollars upon the schooner Amelia, valued at that sum, at and from St. Thomas to Aux Cayes in St. Domingo, and at and from thence to some one port in the United States, at a premium of 20 per cent.; and the other upon goods on board of her to the amount of 1200 dollars, at the same premium.
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This was an action of covenant upon two policies of insurance underwritten by the defendants on the 9th of April 1801; one for 8000 dollars upon the schooner Amelia, valued at that sum, at and from St. Thomas to Aux Cayes in St. Domingo, and at and from thence to some one port in the United States, at a premium of 20 per cent.; and the other upon goods on board of her to the amount of 1200 dollars, at the same premium. The policies were effected in the name of Elliston and John Perot, the correspondents of the plaintiff; and the action was marked upon the docket, in the first instance for the…
1Opinion of the Court
Tilghmaít C. J.
In this case there were insurances on ship and goods. There is no dispute about the goods. The question submitted by the jury, is whether certain writings between Scott, Scribner, and Jennings, constituted a bottomry. The declaration states, that Jennings procured the insurance to be made as agent and attorney in fact for Scribner, who was owner of the vessel. Scribner borrowed money of Jennings for which he gave the vessel in pledge. If it was a bottomry, the insurance ought to have been made for Jennings the lender, and not for Scribner the borrower. But if the intention had…
2Cited by3 opinions
- Leland v. MedoraU.S. Circuit Court for the District of Massachusetts · 1846
- Greely v. SmithU.S. Circuit Court for the District of Maine · 1847
- The William & EmmelineDistrict Court, S.D. New York · 1828