THURSTON v. KOCH
4 U.S. 348

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U.S. Supreme Court

THURSTON v. KOCH, 4 U.S. 348 (1800)

4 U.S. 348 (Dall.)

Thurston
v.
Koch.

Circuit Court, Pennsylvania District.

October Term, 1800

THIS cause came before the Court on the following case, stated by the counsel, Condy, for the plaintiff, and Ingersoll, for the defendant.

    'On the 13th of October 1796, William I. Vredenburgh, of the city of New-York, merchant, caused himself to be insured, at the city of New-York, in a certain policy of insurance, which was subscribed by the plaintiff, in the sum of 14,500 dollars, upon any kind of goods and merchandise, laden, or to be laden, on board the brigantine Nancy, captain King, master, lost, or not lost, at and from any port and ports in the West-Indies, and at and from thence to New-York, and there safely landed, beginning the adventure upon the said goods and merchandises, from the lading thereof on board the said vessel, at the West-Indies.
    'On the 17th of October 1796, the said William I. Vredenburgh, by Jacob Sperry and Co. his agents, caused himself to be insured, at the city of Philadelphia, in a certain other policy of insurance, which was subscribed by the defendant, in the sum of 1300 dollars, with other underwriters, in the whole amounting to 12,000 dollars, upon all kinds of lawful goods, and merchandises, lost, or not lost, laden, or to be laden, on

    Page 4 U.S. 348, 349

    board the said brigantine Nancy, at and from Cape Nichola Mole, to any ports and places in the West-Indies, to trade, and at and from either of them to New-York, beginning the adventure from and immediately following the loading thereof on board the said brigantine at Cape Nichola' Mole, and so to continue until safely landed at any ports and places in the West- Indies, and at New-York aforesaid. The premium demanded upon this policy, was ten per cent. and was duly paid by the said Jacob Sperry and Co. on behalf of the said William I. Vredenburgh, to the defendant and the other underwriters upon this policy.

    'On the 20th of October 1796, the said William I. Vredenburgh, caused himself to be insured, at the city of New-York, in a certain other policy of insurance, which was subscribed by the New-York insurance company, for the sum of 2,200 dollars, upon all kinds of lawful goods and merchandises, lost, or not lost, laden, or to be laden, on board the said brigantine Nancy, at and from any port or ports in the West-Indies, to New-York, beginning the adventure from the loading thereof on board the said brigantine, at any port or ports in the West-Indies, and so to continue until safely landed at New-York, &c.
    'On the 12th day of September 1796, the said brigantine Nancy, with the said goods and merchandises, so laden on board, and insured and covered by the said policies as aforesaid, sailed from Cape Nichola Mole, in the West-Indies, for St. Marks, likewise in the West-Indies, and in the prosecution of the said voyage, from Cape Nichola Mole to St. Marks aforesaid, with her cargo, including the said goods and merchandises, so insured as aforesaid, was captured by a French privateer, and condemned; by which capture, the said goods and merchandises were wholly lost to the insured. Upon this, suits were brought into the Supreme Court of the state of New-York, against the plaintiff, upon the policy by him subscribed, and against the New-York insurance company, on the policy by them subscribed; in which suits, the insured, the said William I. Vredenburgh, recovered as for a total loss.
    'The amount paid by the plaintiff (after the usual deductions) for the loss, was 12,740 dollars, with 1783 dollars and 60 cents interest, and 418 dollars and 32 cents costs. He has, likewise, paid, to the said assured, 1083 dollars and 60 cents, being the amount of the premium upon the policy subscribed by the defendants (after the deductions allowed in the case of a returned premium) as a consideration for the assignment of the said policy to the plaintiff. The New-York insurance company have paid to the assured 2156 dollars, being the amount of their policy (after the usual deduction in case of loss) with 301 dollars 84 cents interest. The several sums so paid, have completely satisfied the loss, with all the interest and costs. [4 U.S. 348, 350]


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