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Marine Insurance Company of Alexandria v. Wilson, The U.S. 187 (1805)

handle is hein.slavery/ussccases0044 and id is 1 raw text is: FEBRUARY, 1865. MA. 1-7. Co. THE MARINE INSURANCE COMPANYOF or ALrx. ANDUL&. ALEXANDRIA v. WILSON. V. WILSON. THIS was an action of covenant in the circuit court of i' apoucy up. the district of Columbia, sitting at Alexandria, brought on a vessel by Wilson, the defendant in error, against the Maring have a clause, 'that if the Insurance Company of Alexandria, upon a policy of in- vessel, after a surance on the brig George, from Alexandria to Havre- regular sue- de-Grace, &c. vey, should be condeminedas unsound or One of the clauses in the policy was in the following rotten,theun- word;, viz. If the above vessel, 'after a regular sur- dervritera vey, shall be condemned for being unsound or rotten, should not he h boundtopay, the underwritersshall not be bound to pay the subscrip- a report of tion on this policy. The declaration was for a total surveyors, loss, and averred, that the brig sailed from Alexan- that she was dria, on the 24th of October, 1802, upon the voyage unsound and rotten, but not insured. referring to the corn- The defendants pleaded, mencementof the voyage, is not sufficient Ist. That on the 24ih day of October, 1802, the said to discharge brigantine, called the George, was unsound in her tim- the under- bers, and by reason of the said unsoundness, was not ca- writers. Quere, %vhe- pable of performing the voyage in the policy mentioned, ther such re- viz. at and from Alexandria aforesaid, across the Atlan- part, even ifit tic ocean to Havre-de-Grace, Rotterdam or Bremen, with related to the liberty to call at Falmouth for order, and this they are comrence- ment of the ready to verify,' &c'. voyago,would be concluslve 2d. That after the said, brigantine had gone from evidenceI Alexandria aforesaid, upon the voyage aforesaid, and while she was proceeding upon thevoyage aforesaid, upon the high seas, she sprung aleak, viz. on the 31st day of October, in the yiear aforesaid, in consequence of her not having been tight, staunch and strong enough for per- forming the voyage aforesaid, on the said 24th day of Present, Marmsiall, Ch. J. Cjuhi , .Paterjon, and Waudng T , Justices.

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