The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-06-08
Decisions in the Supreme Court.


Decisions in the Supreme Court.
| Reported for the Daily Crescent.l
r ". Bradley MashrHe Marine and FIRE Insurance
1 Ed r appTb s suit p wss brought e
recover sio0 the amount Of insurance on the hui Of the
schooner Planet The policy designating the risk to be at
AND back New 80 fhe Ga sailed from
leans on the 18th August 1876 her voyage arrived at Ha
The th Of o I The plaintiff had s in the c9aa
the appellant eontended that by OF the policy the
Isk OF the schooner while the pot OF Havana was not IN
decided in the Court below and the before this
o % m es on the
nued the vessel while in the port Of Havana at the risk OF
was in the harbos OF Havana and Bura was Wholly upon
the ship Owners from the nature Of the risk assumed in the
lime the effected the voyage was fully de-
understanding of both parties the contract insurance.
that the policy was 10 cover the vessel during the whole yoy
the risk policy according to the said intention
nS % I 1 n e sns ana sses no m b SO
construed and carried into effect The only evidence before
crbed to The defendants the application which the
effected The Application reads d.t thus to ms
yana thence Buta and from ih.,e back to New
oeans sysea for sO she cs left here on En-
isI5 sepsais Poles lis The policy which 1. q ~
eese to i Be the ha Planet
o hence havana and t =, sc T. hH nn
SAID The testimony the witness not given in relation
described CouH was o. opinion.
that the OF the parties must be collected from the
terms they have made OF to indicate and INK that inen
ordinary and popular The words at. FROM. and
at and from, have settled and distinct meaning. .in
insurance, and fix with the commencement con-
linuanee and termination OF the risk insured This Court
from Hauana, from thence to Bnrita. and
back to New Orleans there was no risk assumed by the un
other words, that the risk suspended the
the schooner entered the port OF Havana and lot 60
sell having hove short her aneh9I should trip it. and com
| the moment The judgment of the District Count
reversed and Judgment rendered Tor the defendant,
AS this suit involves question of the first Importance to the
commercial Of Louisiana subjoin brief COM
the the decision and the law on this point OF
| insurance:
herein said The OF the parties be collected
from the terms they have made Indicate and fix that
Intention and the terms themselves be taken in their
pan ordinary and popular sense There no usage OF Gus
context they used ether
they lead unreasonable or absurd conclusion
The principles of construction contained in the above quo
rance vol L. Chap. TO- 43-tite Liberal ConstIuc
ron are both Quoted from But the author The sub
ectmatter of marine insurance ana 9lhef srm
ent in order to interpret it. more thah hI IN mSt
termnng The meaning Of policy regara be had to the
the tade which it relates y Is SAID that po;
parties and for the indemnify Of the ana me ad
s@sVs hSeneS 4h East 49, that The Policy
was to be construed according the and meaning
terms are be their plain ordinary and popp.
sense they have generally in respect to he sub
acquitted peculiar sense distinct the popular sense Of
the wo Or as s f9 nstsnc "a
ate the Immediate intention OF the parties 9e @ t
urst says There are many the construction Of
bonds where the letter Of the eondSn has been
policies OF governed by the same laws o. con
ded either directly effect. Note A. Phil ms, VOL
The meaning Of the words and phrases IN policies rs wei
S am o the
have been allowed to prove that words nave neanns ~
p peeI for ai IN cont ct 0% ' 1
held that where policy provided that no Sne tns man
nottoal happened quantity Of sarsaPanaanat, the
od be PAID s san a the plovon was
duced in reference to trade from Connecticut 10 M
and persabe whereas sarsapaa and hard and less
liable decay than merchandise general ana haa
the policy apology ars TIA. word was he'd ds 70 be
ops bens Of fssi valuable
held also that upon the same the sSeh
pee as "1a se vs GS Ghs
hs a ion sd f psGy
be ee sad f h Sc
constituting the language of policy whether T. reate 70 ,hs
writer assumes iof valuable consideration and the panlsS;
be supposed to be as explicit nm hgg II has BEEN
veil aid that we should never depart from the letter OF the
s snI p snd The reason Obvious for
posed have framed the law. as nearly as human ingenuity
in contracts Of every description this rule reversed s
spirit Of the contract that must eves ne s pos Of
style construction Goods being insured with poy ,s
Re good. hs max pa Of
more than -four hours, when both the goods landed
Lansing giving the opinion Of the Court said The in
% Y aSTss sS sasss 6s%S Hsi Ellen Gss
ha said Although have hitherto with
such policy may doubtless BE- framed We now offer
sa41"y @rsany ps RAVES
Rep T1s was action poey Gf =, Ss, 9n
ss ins ss sss ES s SSs
asIH On ths sh @ '
in getting up to the Cove the a % e 5e
shannon pilot The vessel entered Shannon T TRs
captain s being By the pilot that
epsmb wh sna ne Sssss *
house Captain his vessel ct ass 1s Island n sns
sn ss e s b UP hs an Sf ud
they ss ba d rock y by much
injury that Upon survey condemned unfit for
Ss o whe port pc Of snd below
Island where the ship was at anchor At the sns
she struck the rock, IoooS
consequently in the port of LIMERICK On the 2h o. sep
ember while the ship yet at Grass sand2 the Japan
ynoe IN The plaintiff from Limerick that the SRp was then
Wing at Grass Island and that he would dcharg
no the vessel with lighters the day, as was necessary
IN tighten the ship before she could go to port This let
ter was the defendants who came to new agree
ment with plaintiff on the 9TH of November 1873, which
agreement entered the margin OF the original policy
in the following words
at being represented oy the assured the 4mae was
om Cork LIMERICK and had arrived there 1t Is
agreed hereby that for further consideration OF per cent
we engage to ship from thence instead of Cork back
TO Phadephin" The came to trial before JHghnan
C. l. at nisi Drtus, when two questions arose lst.
Whether the ship had arrived safe the port of Limerick at
the Of entering into the second asIesment and ~:
mort? The first submitted to the jury by the Chief Jus.
ce as matter of fact the second reserved matter
&C iiruf q