12 Mass. 288 | Mass. | 1815
Upon consideration of this case, and comparing it with the case of Lee & al. vs. Gray,
We postponed the decision of this cause, in order to ascertain whether this difference in the facts ought to have any weight. But it appears that the vessel and cargo were liberated soon after her arrival at Plymouth, and restored to the possession of the master, who was under no restraint, but afterwards deviated from his voyage merely through fear of being seized for a violation of the decrees. We do not * think that his temporary detention [*291 j by capture, no abandonment having been made during its existence, can have any effect.
The freight was not lost from any of the perils insured against, but altogether from the apprehension of peril, and therefore is not charge able to the underwriters.
The principles of this decision have been so ably discussed in the two cases of Richardson & al. vs. Maine F. & M. Insurance Company,
Plaintiff nonsuit.
7 Mass. Rep. 349.
8 Mass. Rep. 402.
Vide note to Brewer vs. The Union Insurance Company, ante, 171.