Legal Opinion

Carroll v. Boston Marine Insurance

Massachusetts Supreme Judicial Court

Decided March 15, 1812PublishedCited by 30 opinions

Assumpsit on a policy of insurance, brought by Martin Carroll and Ebenezer Gay, Esq. assignee of Joshua Snow, a bankrupt.

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Assumpsit on a policy of insurance, brought by Martin Carroll and Ebenezer Gay, Esq. assignee of Joshua Snow, a bankrupt. By the policy the defendants assured for the said Carroll and Snow the sum of 1400 dollars on the schooner Union for one year from the 9th day of May, 1801. The plaintiffs declare for a total loss by the perils of the sea within the year. * At the trial, which was had here at the last November term before Sewall, J., it was in evidence that the schooner sailed in the month of December, 1801, from the province of Nova Scotia, bound to some port in the United States, and had…

1Opinion of the Court

The action stood over to this term, after an argument by Dexter and Thurston for the plaintiffs, and Jackson for the defendants, and now the opinion of the Court was delivered by

Parker, J.

It being agreed that, in order to entitle the plaintiff to recover, he must prove an interest in the property at the time the loss happened, the only question *is whether the facts, of which evidence was stated to exist, establish that point.

It has been repeatedly decided here that, under the forms of our policies, none but the parties to the contract, or their legal representatives in case of their death,…

2Cases cited1 opinion

  1. Brichta v. New-York Lafayette InsuranceThe Superior Court of New York City · 1829

3Cited by30 opinions

  1. The City of NorwichSupreme Court of the United States · 1886
  2. Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
  3. Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
  4. Place and Others v. Norwich & New York Transp. CoSupreme Court of the United States · 1886
  5. Horn v. Star Foundry Co.West Virginia Supreme Court · 1884

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