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eBook details

• Title: Maryland Insurance Company v. Le Roy
• Author : United States Supreme Court
• Release Date : January 11, 1812
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Absent. Marshall, chief justice. ERROR to the Circuit Court for the district of of Maryland, in an action of covenant brought by Le Roy and others, against the Maryland Insurance Company, upon a policy of insurance upon the Ship John, from New York to five ports on the coast of 'Africa, between Castle D'Elmina and Cape Lopez, including those ports, and at and from them, or either of them, back to New York with liberties as per order for insurance.' The order of insurance was as follows, viz: 'At what rate will you insure three thousand five hundred dollars upon freight of the ship John of New York, valued at that sum, at and from New York to Castle D'Elmina, on the gold coast of Africa, with liberty for the vessel to touch at the Cape de Verd Islands for the purchase of stock, such as hogs, goats and poultry and taking in water?Also, nine thousand dollars on the American ship John, valued at this sum; and eleven thousand eight hundred dollars on cargo by said ship consisting of wine, rum, beef, geneva, dry goods, tobacco, molasses, &c. at and from New York to five ports on the coast of Africa, between Castle D'Elmina and Cape Lopez, including those ports, with liberty of touching and trading at all, or any of said ports, backwards and forwards, and at and from her last port on the coast, to New York, with liberty of touching at the Cape de Verds on her return passage, for stock and take in water. It is understood that the captain returning to one or more ports that he had touched and traded at before, shall not be considered a deviation. The John was ready and expected to sail the 13th inst. There are no cantraband goods on board, and the ship is armed with eight carriage guns, with ammunition in proportion, and is an excellent vessel and captain Lawrence, who commands her, is a native of New York, well asquainted on the coast of Africa, and has been at most of the places it is intended the vessel is to stop at, and is a careful experienced seaman.' The declaration was for a total loss by the perils of the sea. The cause was tried upon the issue of non infregit conventionem, and the verdict and judgment were for the Plaintiffs with 5476 dollars damages.

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