Gracie v. Maryland Insurance

Supreme Court

Gracie v. Maryland Insurance

12 U.S. 84

DecidedFebruary 15, 1814

StatusPublished

This text of 12 U.S. 84 (Gracie v. Maryland Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gracie v. Maryland Insurance, 12 U.S. 84 (1814).

Pincite

Opinion

Marshall, Ch. J.

This case differs from that against the Marine Insurance Company of Baltimore only in one particular. A part of the cargo remained on board the ship, until the arrival of the French troops, when the departure of the vessel was prohibited by the general, and the ransom made. This circumstance does not, in the opinion of the court, vary 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. This judgment is also to be affirmed, with costs.

Judgment affirmed.

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Marshall, Ch. J.

This case differs from that against the Marine Insurance Company of Baltimore only in one particular. A part of the cargo remained on board the ship, until the arrival of the French troops, when the departure of the vessel was prohibited by the general, and the ransom made. This circumstance does not, in the opinion of the court, vary 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. This judgment is also to be affirmed, with costs.

Judgment affirmed.

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Bluebook (online)

12 U.S. 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gracie-v-maryland-insurance-scotus-1814.