GRACIE
v.
MARYLAND INSURANCE COMPANY
GRACIE
MARYLAND INSURANCE COMPANY
8 Cranch 84
Supreme Court of the United States (1814)
Caution
Also reported at: 3 L. Ed. 496 · 1814 U.S. LEXIS 389 · SCDB 1814-013
Cited by 6 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bauserman v. Blunt, 147 U.S. 647 (U.S. 1893)
-
Kemp v. United States, 77 F.2d 213 (7th Cir. 1935)…then pending. Stender v. United States (C. C. A.) 75 F.(2d) 579; Ginochio v. United States (C. C. A.) 74 F.(2d) 42. Nor was the statute tolled by the first suit, because it was voluntarily dismissed. Richards v. Maryland Insurance Co., 8 Cranch, 84, 3 L. Ed. 496; Koch v. Sheppard, 223 Ill. 172, 79 N. E. 52. This was not a failure “for defect in process” or for any other reason “not affecting, the merits.” Siegfried v. New York, L. E. & W. R. Co., 50 Ohio St. 294, 34 N. E. 331. Statutes dealing with the rel…
-
Dumas v. United States, 103 F.2d 676 (10th Cir. 1939)…of dismissal in two of the cases, and promptly commenced the new actions when the right to revive under the federal statute was denied by this court, in our opinion refutes any intention to abandon. Richards v. Maryland Insurance Co., 8 Cranch. 84, 3 L.Ed. 496, is distinguishable. In that case there was a voluntary abandonment of the action in that the successor made no effort to revive it after the death of the original plaintiff. In the instant cases, the plaintiffs endeavored to revive the actions, fai…