Delaware Insurance v. Archer
Supreme Court of Pennsylvania
This action was brought in this court by the Delaware Insurance Company, against Samuel Archer and others, to recover a sum of money claimed to be due on a respondentia contract, upon the true construction of which the decision of the cause depended, the facts being undisputed.
Read the full summary
This action was brought in this court by the Delaware Insurance Company, against Samuel Archer and others, to recover a sum of money claimed to be due on a respondentia contract, upon the true construction of which the decision of the cause depended, the facts being undisputed. On the 23d of September, 1825, the parties agreed in writing, that the plaintiffs should loan to the defendants seventeen thousand dollars on respondentia, for the voyage of the ship Juniata, Keck, master, at and from Liverpool to Canton, and thence to Philadelphia, at the premium of eleven per cent., and half per…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
A considerable part of the argument on the part of the defendants,- has been to prove that the perils to which specie is exposed, are as numerous and as imminent as those which are incident to goods. It is sufficient, that the parties themselves thought otherwise, and provided for the supposed difference accordingly. That they intended to do so, can scarcely be doubted; else the clause by which, if goods were shipped instead of specie, the lender was “ to be liable to average and entitled to salvage as if it were a specie risk,” would have…
2Cited by3 opinions
- Conté v. CainSupreme Court of Louisiana · 1881
- Hewitt v. WilliamsSupreme Court of Louisiana · 1894
- Roger v. MillikenLouisiana Court of Appeal · 1921