New York Supreme Court, 1817

Wilson v. United Insurance

Wilson v. United Insurance
New York Supreme Court · Decided May 15, 1817
14 Johns. 227

Counsel

Colden, for the plaintiff, contended,, J. T. Irving, contra, insisted,, S. Jones. Jun.,, D. B. Ogden, in reply,

Wilson v. United Insurance

Opinion of the Court

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 *231have recovered; yet he seeks to recover, because he did not choose to proceed for fear of capture and condemnation.

Judgment for the defendants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.