United States Supreme Court Cases & Opinions

U.S. Supreme Court

Columbian Insurance Company v. Catlett, 25 U.S. 12 Wheat. 383 383 (1827)

Columbian Insurance Company v. Catlett

25 U.S. (12 Wheat.) 383

Syllabus

A policy for $10,000 upon a voyage

"at and from Alexandria to St. Thomas and two other ports in the West Indies and back to her port of discharge in the United States upon all lawful goods and merchandise laden or to be laden on board the ship, &c., beginning the adventure upon the said goods and merchandise from the lading at Alexandria and continuing the same until the said goods and merchandise shall be safely landed at St. Thomas . . . and the United States aforesaid"

is an insurance upon every successive cargo taken on board in the course of the voyage out and home, so as to cover the risk of a return cargo, the proceeds of the sales of the outward cargo.

Such a policy covers an insurance of $10,000 during the whole voyage out and home, so long as the assured has that amount of property on board, without regard to the fact of a portion of the original cargo having been safely landed at an intermediate port before the loss,

Where the cargo, in the course of the outward voyage and before its termination, was permanently separated from the ship by the total wreck of the latter, and the cargo being perishable in its nature, though not injured to one-half its value, it became necessary to sell it, the further prosecution of the voyage with the same ship or cargo became impracticable, held that this was a technical total loss on account of the breaking up of the voyage.

Whether a delay at a particular port constitutes a deviation depends upon the usage of trade with reference to the object of selling the cargo. Where different ports are to be visited for this purpose, the owner has a right to limit the price at which the master may sell to a reasonable extent, and a delay at a particular port, if bona fide made for that purpose, does not constitute a deviation, though occasioned by this restriction.

Freight is not a charge upon the salvage of cargo in the hands of the underwriters, whether the assured is owner of the ship or not.

Page 25 U. S. 384