Source: United States Circuit Court for the District of Pennsylvania
Date: 1806-10-01
Jurisdiction: United States
Citation: 7 F. Cas. 542 · 1 Wash. C. C. 504
Opinion
BY THE COURT. The foundation of this offset is a breach of contract which makes the merchant who thus neglects to insure, the insurer, and he is liable as the insurer, and is entitled to make the defence which the insurer could make. This, therefore, is not a case of unliquidated damages. As to the second point, that was settled in the case of Armstrong v. Brown [Case No. 542], The parties then agreed to withdraw a juror, the plaintiff not being prepared to meet the first offset.