Thornton v. U. S. Insurance
Supreme Judicial Court of Maine
This was an action of assumpsit, on a policy of insurance upon one half of the ship Mordecai, and was tried before the Chief Justice, in this county, September term, 1834. The plaintiff claimed to recover for losses under both general and particular average. It appeared in evidence, that on the voyage from Richmond to Bremen, the ship was compelled to go into Cuochaven, an intermediate port, for the safety of the ship, cargo, and lives of the men.
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This was an action of assumpsit, on a policy of insurance upon one half of the ship Mordecai, and was tried before the Chief Justice, in this county, September term, 1834. The plaintiff claimed to recover for losses under both general and particular average. It appeared in evidence, that on the voyage from Richmond to Bremen, the ship was compelled to go into Cuochaven, an intermediate port, for the safety of the ship, cargo, and lives of the men. While there, an adjustment of the general average took place, but in which no notice was taken of the wages and victualling of the crew, from the…
1Opinion of the Court
The opinion of the Court, at the next April Term, was delivered by
Parris J.
The plaintiff’s ship, Mordecai, insured by the defendants, being on a voyage from Richmond to Bremen, was compelled to put into Cuxhaven, an intermediate port, for the preservation of the ship, cargo, and lives of the crew. For the ship’s proportion of the. losses and expenses incurred in this necessary *152procedure for the common benefit of ship, freight and cargo, the plaintiff claims indemnity of the insurers. This claim, to a certain extent, is admitted. But it is denied, on the part of the defendants, that in the…
2Cases cited6 opinions
- Clark v. United Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1811
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- Barker v. Phoenix InsuranceNew York Supreme Court · 1811
- Dunham v. Commercial InsuranceNew York Supreme Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- United States v. St. Paul Fire & Marine Ins.District Court, S.D. New York · 1931
- The AlconaDistrict Court, E.D. Illinois · 1881