Court : US Supreme Court
Decided on : Jan-01-1807
..... the vessel may be afterwards recaptured or restored. an embargo or detention by a foreign friendly power, constitutes a total loss, and warrants an immediate abandonment. the contract of insurance is a contract of indemnity, and therefore the assured can "only recover according to the damage he has sustained." the state of the loss at the time of the offer to abandon, fixes ..... detention of foreign powers, and that a distinction between an arrest and such capture or detention has never been taken. page 8 u. s. 45 the contract of insurance is said to be a contract of indemnity, and therefore (it is urged by the underwriters, and has been repeatedly urged by them) the assured can only recover according to the damage he has ..... discharged. such is the rapidity of proceeding in a court of admiralty that its mandate of restoration is figuratively said to be "borne on the wings of the wind." commercial contracts have but little connection with figurative language, and are seldom rightly expounded by a course of artificial reasoning. merchants generally regard the fact itself, and if the fact be attended ..... case on which the courts of england do not appear to have expressly decided, and which must depend on general principles on analogy and on a reasonable construction of the contract between the parties. a capture by an enemy is a total loss although the property be not changed, because the taking is with an intent to deprive the owner of .....Tag this Judgment!