Murden v. South Carolina Insurance
Supreme Court of South Carolina
The case was tried before Mr. Justice Grimké., at Charleston, in-Term, 181 — . This was an action of assumpsit on a policy of insurance on the brig Commerce, K. o.
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The case was tried before Mr. Justice Grimké., at Charleston, in-Term, 181 — . This was an action of assumpsit on a policy of insurance on the brig Commerce, K. o. Long, master, at and from Charleston, to the westward ^oast of Africa; during her stay and trade on :he coast, and at and from thence back to - ___ _ , ' . The adventure to begin, continue* o 7 ' endure, until the said vessel, &c. shall have . , _ t , 1 , j c thearrivea5 an« be moored at anchor twenty-tour in safety. At the bottom of the printed . . among other provisions, the following are “Warranted not to remain on the coast…
1Opinion of the CourtNott, J.
A motion is made for a new trial in this case, on two grounds.
1st. Because the verdict is contrary to law and evidence, inasmuch as the plaintiff committed a breach of warranty in continuing on the coast of Africa more than four months, contrary to an express stipulation in the policy, whereby the defendants became exonerated. And, 2dly,Beeause the plaintiff was guilty of a deviation, without *207any justifiable cause, in going to Matanzas instead of coming to Charleston or going to Nassau, .which was a nearer port. Under these two general grounds, it is also contended that the presiding Judge…
2Cases cited1 opinion
- Dorsey v. DoughertyCourt of Appeals of Kentucky · 1818