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Gracie v. The Mary'd. Ins. Comp'y, (1814)

Court: Supreme Court of the United States Number:  Visitors: 18
Filed: Feb. 25, 1814
Latest Update: Feb. 21, 2020
Summary: 12 U.S. 84 8 Cranch 84 3 L. Ed. 495 GRACIE v. THE MARY'D. INS. COMP'Y. Feb. Term, 1814 1 This case differs from that against the Marine Insurance Company of Baltimore * only in one particular. A part of the cargo 2 remained on board the ship until the arrival of the French troops 3 when the departure of the vessel was prohibited by the general and 4 the ransom made. 5 This circumstance does not, in the opinion of the Court, vary 6 the case; because, omitting all other considerations, the loss, w
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12 U.S. 84

8 Cranch 84

3 L. Ed. 495

GRACIE
v.
THE MARY'D. INS. COMP'Y.

Feb. Term, 1814

1

This case differs from that against the Marine Insurance

Company of Baltimore* only in one particular. A part of the cargo

2

remained on board the ship until the arrival of the French troops

3

when the departure of the vessel was prohibited by the general and

4

the ransom made.

5

This circumstance does not, in the opinion of the Court, vary

6

the case; because, omitting all other considerations, the loss, within the risk, being on only a part of the cargo, is a partial loss, and is affected by the warranty against particular average loss.

7

This judgment is also to be affirmed with costs.

*

See 12 U.S. 75, 8 Cranch 75.

Source:  CourtListener

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