Gracie v. The Mary'd. Ins. Comp'y
Opinion
12 U.S. 84 8 Cranch 84 3 L.Ed. 495
GRACIE v. THE MARY'D. INS. COMP'Y.
Feb. Term, 1814 1
This case differs from that against the Marine Insurance
Company of Baltimore * only in one particular. A part of the cargo 2
remained on board the ship until the arrival of the French troops 3
when the departure of the vessel was prohibited by the general and 4
the ransom made.
5
This circumstance does not, in the opinion of the Court, vary 6
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.
7
This judgment is also to be affirmed with costs .
* See 12 U.S. 75 , 8 Cranch 75 .
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