Wilson v. United Insurance

New York Supreme Court

Wilson v. United Insurance

14 Johns. 227

New York Supreme Court·Decided May 15, 1817·Published·Cited by 1 cases

Opinion

Per Curiam.

There is no difference between detention and restraint in this case. The ship was detained and restrained by the British from proceeding on the voyage insured. Being , warranted free from such detention by the assured, the plaintiff j cannot recover. Had the vessel been captured, he could not I [231] have recovered; yet he seeks to recover, because he did not choose to proceed for fear of capture and condemnation.

Judgment for the defendants.

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Per Curiam.

There is no difference between detention and restraint in this case. The ship was detained and restrained by the British from proceeding on the voyage insured. Being , warranted free from such detention by the assured, the plaintiff j cannot recover. Had the vessel been captured, he could not I [231] have recovered; yet he seeks to recover, because he did not choose to proceed for fear of capture and condemnation.

Judgment for the defendants.

Wilson v. United Insurance, 14 Johns. 227 (N.Y. Super. Ct. 1817).

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Opinion

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