Nelson v. Suffolk Insurance
Massachusetts Supreme Judicial Court
This was an action of assumpsit on a policy of insurance, dated the 24th of December, 1846, whereby the defendants insured the plaintiffs ten thousand'dollars upon their ship, the Isaac Allerton, for one year, from the 16th day of the same December, at noon, against the perils of the sea, and the other customary perils.
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This was an action of assumpsit on a policy of insurance, dated the 24th of December, 1846, whereby the defendants insured the plaintiffs ten thousand'dollars upon their ship, the Isaac Allerton, for one year, from the 16th day of the same December, at noon, against the perils of the sea, and the other customary perils. The policy contained a stipulation, that “ in case of any loss or misfortune, it shall be lawful for the insured, their factors, servants, and assigns, to sue, labor and travel for, in and about the defence, safeguard and recovery of the said ship, or any part thereof, without…
1Opinion of the CourtFletcher, J.
No question is made in regard to the declaration, but it is assumed, that it contains all the material facts in the case; and the particular form of stating the facts cannot affect the principles of law applicable to the case, or the decision of the court, which must be founded on these principles. The defendants having paid their proportion of the expenses of repairing the damage done to the plaintiffs’ ship by the collision, the plaintiffs claim, in this suit, the amount of damages and costs paid by them to the owners of the steamer, under the decree of the coiut of admiralty, together with…
2Cases cited7 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
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