Mackie v. Pleasants
Supreme Court of Pennsylvania
XCEPTIONS to a report of refetees. This action was brought upon two policies of insurance, dated the 25th of March 1809, and signed by the defendant, as president of the United States Insurance Company. The one was on the “ good British brig called the John,)’' valued at 8000 dollars, and the other upon her freight, valued at 4000 dollars, at and from Havanna to Baltimore, at a premium of four per cent.
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XCEPTIONS to a report of refetees. This action was brought upon two policies of insurance, dated the 25th of March 1809, and signed by the defendant, as president of the United States Insurance Company. The one was on the “ good British brig called the John,)’' valued at 8000 dollars, and the other upon her freight, valued at 4000 dollars, at and from Havanna to Baltimore, at a premium of four per cent. At the bottom of each policy was written a memorandum, that the insurance was “ declared “.to be against perils and dangers of the sea only,.and to end “ on capture.” The brig and her cargo…
1Opinion of the Court
*370The cause was argued at December term last, and held under advisement until this day. j
Tilghman C. J.
This case comes before us on exceptions filed by the defendant to the report of referees. The material exceptions are two. 1st. That the policy of insurance on which the action is founded, contains a warranty that the vessel insured was a British vessel, which warranty was not ¡complied with by the assured. 2d. That it was proved to the referees that the vessel was not seaworthy.
' The second exception may be easily disposed of. Seaworthiness was a matter of fact, on which the referees decided…
2Cases cited1 opinion
- Williams v. CraigSupreme Court of the United States · 1788
3Cited by3 opinions
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- Stacey v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1841
- Lewis v. ThatcherMassachusetts Supreme Judicial Court · 1819