Legal Opinion

Dutilh v. Gatliff

Supreme Court of Pennsylvania

Decided December 15, 1806Published

The following case was stated for the opinion of the court: “ Case. On the 24th of September 1799, the defendant, Samuel Gatliff, underwrote $750 upon a policy of insurance on the schooner Little Will, belonging to John Dutilh and Thomas Lillibridge, for whom the plaintiff was ■agent, on a voyage at and from Philadelphia to Havana.

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The following case was stated for the opinion of the court: “ Case. On the 24th of September 1799, the defendant, Samuel Gatliff, underwrote $750 upon a policy of insurance on the schooner Little Will, belonging to John Dutilh and Thomas Lillibridge, for whom the plaintiff was ■agent, on a voyage at and from Philadelphia to Havana. On the 26th of September 1799, the Little Will sailed on her voyage from Philadelphia to Havana, and on the 8th day of October following, she was captured by three British privateers, and carried into the port of Nassau, New Providence, where she arrived on the…

1Opinion of the Court

After argument, the chief justice delivered the unanimous opinion of the court.

Tilghman, Chief Justice.

— On the case stated, the question submitted to the court is, whether the plaintiff is entitled to recover for a total loss. In resolving this question, I shall divide it into two points. 1st. Did there ever exist a total loss ? 2d. Supposing, that there once existed a total loss, has any circumstance occurred, which excludes the plaintiff from recovering for more than a partial loss ?

I. The case before us includes one of the risks expressly mentioned in the policy, a taking at sea. But it…

2Cases cited4 opinions

  1. Dickey v. New York InsuranceNew York Supreme Court · 1825
  2. Dickey v. American InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
  3. Mumford v. ChurchNew York Supreme Court · 1799
  4. Slocum v. United InsuranceNew York Supreme Court · 1799

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