The Chesapeake Insurance Company v. Stark

• Decision Date: 01 February 1810
• Parties: THE CHESAPEAKE INSURANCE COMPANY v. STARK
• Court: U.S. Supreme Court

10 U.S. 268

6 Cranch 268

3 L.Ed. 220

THE CHESAPEAKE INSURANCE COMPANY v. STARK.

February Term, 1810

ERROR to the circuit court of the district of Maryland, in an action of covenant upon a policy of insurance upon goods on board the ship Minerva, from Philadelphia to Laguira, and back to Philadelphia.

The cause was tried upon the issue of non infregit conventionem, and the jury found a special verdict, stating the following facts:

On the 5th of March, 1807, Christian Dannenberg, as agent of the plaintiff, who was a citizen of Pennsylvania, shipped for Laguira, on account, and at the sole risk, of the plaintiff, sundry goods, being American property, and regularly documented as such, to the value of 8,700 dollars and upwards, on board the ship Minerva, and consigned them to William Parker, supercargo on board. On the 12th of March she sailed with the goods from Philadelphia for Laguira.

On the 21st of March, Charles G. Boerstler, for the plaintiff, effected an insurance with the Chesapeake Insurance Company, who are citizens of the state of Maryland, upon the goods, to the amount of 8,700 dollars, by the policy mentioned in the declaration, which was executed under the common seal of the company.

On the outward voyage she was captured by a British privateer and carried into Curracoa. On the 29th of April, 1807, the cantain made a protest. On the 13th

of June, 1807, the ship and goods being still in possession of the captors at Curracoa, and there detained by them, the said Charles G. Boerstler, 'for the plaintiff,' abandoned to the Chesapeake Insurance Company, the goods shipped by Dannenberg for the plaintiff, by a letter to the president and directors of the Chesapeake Insurance Company, the defendants, in the words and figures following:

'Baltimore, June 13, 1807.

a President and Directors of the Chesapeake Insurance Company,

'Gentlemen,

'Having this morning received a letter from Mr. O. Dannenberg, of Philadelphia, the agent for Mr. John Philip Stark, of Hanover, ordering me to abandon the goods shipped by him, for Mr. Stark's account, on board the American ship Minerva, Captain Newcomb, carried into, and detained at Curracoa, on her voyage from Philadelphia to Laguira, whereby the object of the expedition is totally frustrated and destroyed; I herewith abandon to you the whole of Mr. Stark's interest in the cargo of the Minerva, which you have insured in your office.

'I have the honour to be, gentlemen, your most

'obedient servant,

'Charles G. Boerstler.'

Which abandonment the defendants then refused to accept.

W. Parker, the supercargo, addressed a memorial to the governor of Curracoa on the 19th of June, 1810, in which he complains of the detention as being of the most ruinous consequences to the owners.

On the 25th of July, 1807, the vessel and cargo being still detained at Curracoa, in the possession of the captors, Parker entered into an agreement with I. F. Burke, the owner of the privateer, by which a certain

part of the goods, should be appraised and the price paid by Parker, to be repaid by Burke in case the goods should not be adjudged good prize; and that a certain other part should be kept by Burke, upon his engaging to pay the value thereof in the like case. In consequence of which agreement the vessel was liberated, and proceeded to Laguira, where the goods were sold, and produced about 5,900 dollars.

Parker employed an agent to attend the trial at Tortola, and to claim the goods for the plaintiff; but a trial was never had, nor any proceedings instituted for the purpose of obtaining an adjudication,

On the 22d of August, 1807, Dannenberg, as agent of the plaintiff, executed a deed to the Chesapeake Insurance Company, transferring to them all his right and title to the goods, as attorney of the plaintiff, which deed they refused to receive.

Winder and Martin, for the plaintiffs in error, contended,

1. That the contract by Parker with Burke was either the personal contract of Parker, or...