Fitzsimmons v. Newport Insurance
Supreme Court of the United States
Error to the Circuit Court of the district of Rhode Island, in an action upon a policy of insurance on the brig John, warranted American property, from Charleston, South Carolina, to Cadiz, captured by a British ship of war, on the 16th of July 1800, carried into Gibraltar, and there condemned on the 26th day of August following.
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Error to the Circuit Court of the district of Rhode Island, in an action upon a policy of insurance on the brig John, warranted American property, from Charleston, South Carolina, to Cadiz, captured by a British ship of war, on the 16th of July 1800, carried into Gibraltar, and there condemned on the 26th day of August following. The cause of condemnation, set forth in the sentence, was, that the brig was “ cleared out for Cadiz, a port actually blockaded,” and that the master “persisted in his intention of entering that port, after warning from the blockading force, not to do so, in direct…
1Opinion of the Court
Marshall, Ch. J.
(all the seven judges being present), delivered the opinion of the court as follows, viz : — This suit is instituted to recover from the underwriters the amount of a policy insuring the brig John, on a voyage from Charleston to Cadiz. The vessel was captured on her passage, by a British squadron, then blockading that port, was sent into Gibraltar for adjudication, and was there condemned by the court of vice-admiralty as lawful prize. The assured warrants the ship to be American property ; and the defence is, that this warranty is conclusively falsified by the sentence of…
2Cases cited1 opinion
- The CircassianSupreme Court of the United States · 1865
3Cited by13 opinions
- Ex Parte QuirinSupreme Court of the United States · 1942
- Andrews v. HerriotNew York Supreme Court · 1825
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
- United States ex rel. Quirin v. CoxSupreme Court of the United States · 1942
- Pulliam v. PulliamUnited States Circuit Court · 1881
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