Wilson v. United Insurance

14 Johns. 227 | N.Y. Sup. Ct. | 1817

Per Curiam.

There is no difference between detention and restraint in this case. The ship was detained and restrained by the British from proceeding on the voyage insured. Being , warranted free from such detention by the assured, the plaintiff j cannot recover. Had the vessel been captured, he could not I have recovered; yet he seeks to recover, because he did not choose to proceed for fear of capture and condemnation.

Judgment for the defendants.