DONATH v. INSURANCE CO OF NORTH AMERICA - 4 U.S. 463 (1806)
U.S. Supreme Court
DONATH v. INSURANCE CO OF NORTH AMERICA, 4 U.S. 463 (1806)
4 U.S. 463 (Dall.)
Donath et al.
The Insurance Company of North-America.
Supreme Court of Pennsylvania.
December Term, 1806
THIS cause was argued, in March term last, on the following case, stated for the opinion of the Court.(a)
Case. The plaintiffs were in advance for money lent, and goods delivered, to Don Alvarez Calderon, according to their account stated, ( including commissions and premium of insurance) to the amount of 13,750 dollars; and addressed to the defendants the orders of insurance, dated respectively the 22d of June and 6th of July 1799, in these words:
- 'Philadelphia, June 22d 1799.
- 'President and Directors of the
- 'Insurance Company of North America.
- 'Agreeably to your answer, we request you to insure 13,750 dollars, on sundry effects, shipped on board the schooner aphne, captain Ripley, bound for Havanna.
- 'This insurance is declared to be made by us, for and in behalf of Don Alvarez Calderon, king's attorney in the island of Cuba, on goods, or rather effects, they not being merchandize intended for trade, but wholly his property, consisting in clothing and wearing apparel, library, a vast quantity of house furniture, coaches, &c. amounting together to 18,733 dollars, of which we only cover the above sum of 13,750 dollars, the same being the amount of our advances, inclusive of premium, commission, &c. at and from Philadelphia to Havanna, on board
(a) The case was stated with a reference to the various documents, read in evidence; but it is necessary to incorporate the substance of them here, with the statement.
the Daphne, an American bottom and property, and the returns from Havanna to Philadelphia on board the same schooner or any other American vessel, but if remittance should be made to us in bills of exchange for the whole or in part of the sum so insured by us, a return premium of 7 1/2 per cent. shall be allowed us, on the amount that may be remitted in bills. 'We further warrant that Don Alvarez Calderon has all necessary passports and protections for himself, suite, and property, from the British, Spanish and French ministers, which we have caused to be registered in Clement Biddle's office.' 'Philadelphia, July 6th 1799. 'President and Directors of the 'Insurance Company of North America. 'GENTLEMEN, 'Please to cancel the policy of insurance effected on goods or effects, shipped by us, on board the schooner Daphne, for account of Don Alvarez Calderon, for 13,750 dollars, as the same have been re-landed and loaded on board the brig Currier, captain M'Keever, on which you will please to transport the same insurance, and on the same conditions. 'Jos. Donath & Co.' Previously to these orders, the plaintiffs had entered into an agreement with Don Alvarez Calderon, dated the 11th day of June 1799, of which the material passages were these: 'The said Jos. Donath & Co. contract to furnish a suitable vessel for the passage of the said Don Andres Alvarez Calderon, his suite, and goods and effects, from this port of Philadelphia to Havanna. To procure insurance to be made of the goods and effects of the said Don Andres Alvarez Calderon, for the said voyage, to the amount of commissions, premium and charges, and the said goods and effects inclusive, and to comprehend in like manner the sums of two thousand dollars, advanced him by Stephen Dutilh, such insurance to be made at and from Philadelphia to Havanna, and at and from thence back to this port of Philadelphia, and the policies of insurance and authority to recover the same, in case of loss, to remain and be vested in the said Joseph Donath and company.' 'And the said Andres Alvarez Calderon further covenants, promises and obliges himself to the said Joseph Donath and company, to pay to the said Joseph Donath and company, or their correspondent at Havanna, the full amount of said sums so to be by them advanced, and also for the freight and other sums to be by him paid as aforesaid at Havanna, in specie, to be loaded on board any vessel at Havanna that they may require, clear of duties or risque, or at the option of said Andres Alvarez Calderon, to pay the said amount in sugars, or other [4 U.S. 463, 465]