Snowden v. Phoenix Insurance
Supreme Court of Pennsylvania
A vessel insured ’p^atklpMa to Amsterdam, witli liberty in be turned fr°m Amstersome neiglibpuring port of bóaiílec?onher passage by war? andlier° PaPers mdorsed not to proceed any.P™^at Britain, or s,mt against British ships, hut to proceedto any ^Britain or De¿««¿for then put into Falmouth, where in consequence of headwinds, and with a view to obtain con-having there beard oí Hae Milan decree,) she remained nearly four months, and then sailed under convoy for the Downs,…
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A vessel insured ’p^atklpMa to Amsterdam, witli liberty in be turned fr°m Amstersome neiglibpuring port of bóaiílec?onher passage by war? andlier° PaPers mdorsed not to proceed any.P™^at Britain, or s,mt against British ships, hut to proceedto any ^Britain or De¿««¿for then put into Falmouth, where in consequence of headwinds, and with a view to obtain con-having there beard oí Hae Milan decree,) she remained nearly four months, and then sailed under convoy for the Downs, with intent from that place to proceed to London or -Amsterdam, according to advice. Shortly before she reached the Downs,…
1Opinion of the Court
Tilghman C. J.
In this case the defendants demurred to the plaintiffs’ evidence. The consequence is, that every fact which might have been fairly inferred by the jury, is to be inferred by the court.
The defendants’ counsel make two points. 1st, That the underwriters are discharged by a deviation from the voyage insured. 2d, That the warranty of American property was broken by sailing under convoy.
1. A deviation is a voluntary and unnecessary departure from the course of the voyage insured. Here was certainly a departure, but was it unnecessary? We must consider the case under several points of…
2Cases cited2 opinions
- Rightor v. PhelpsSupreme Court of Louisiana · 1842
- Parker v. HewittSupreme Court of Louisiana · 1841
3Cited by4 opinions
- Cooper v. SmithSupreme Court of Pennsylvania · 1839
- Lillibridge v. AdieU.S. Circuit Court for the District of Rhode Island · 1817
- M'Lellan v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1815
- People v. RoeNew York Supreme Court · 1841