Bradlie v. Maryland Insurance Company (1838)

In Bradlie v. Maryland Insurance Company (1838) 37 U.S. 378, a finding of total loss, because the quantum of damage exceeded fifty percent of the insured value, was affirmed where no claim of abandonment was made upon and no condition was asserted of an imminent peril of total loss. The Supreme Court said: "If the abandonment when made is good, the rights of the parties are definitively fixed; and do not become changed by any subsequent events. If, on the other hand, the abandonment when made is not good, subsequent circumstances will not affect it, so as, retroactively, to impart to it a validity which it had not at its origin."