Wood v. New England Marine Insurance
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance, underwritten by the defendants upon the brig Sally-Ann, on which the plaintiff declared for a total loss.
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Assumpsit upon a policy of insurance, underwritten by the defendants upon the brig Sally-Ann, on which the plaintiff declared for a total loss. The trial was had upon the general issue, before the Chief Justice, November term, 1815, when a verdict was returned for the plaintiff, subject to the opinion of the Court upon the follow ing statement of facts :— The defendants executed the policy declared upon, on the 24th of December, 1806 ; wherein is contained that the plaintiff caused 6000 dollars to be insured by the defendants on the said brig, valued at 8000 dollars, from Newburyport to every…
1Opinion of the CourtParker, C. J.
Several questions have presented themselves in this case, of somewhat difficult solution; but we are now ready to decide them.
The first respects the duration of the risk; whether it continued to the time when the ship was captured by the French privateer. At that time the year, which was contemplated as the termination of the policy, had expired. But by the terms of the policy, if the ship was at sea when the year expired, the risk was to continue until the voyage should be completed; and an additional premium by the month was to be paid, until the termination of such voyage. At the…
2Cited by10 opinions
- Bowen v. Hope InsuranceMassachusetts Supreme Judicial Court · 1838
- Merchants Insurance Co. v. EdmondSupreme Court of Virginia · 1866
- American Insurance v. HuttonNew York Supreme Court · 1840
- Washington Insurance v. WhiteMassachusetts Supreme Judicial Court · 1869
- Eyre v. Marine InsuranceSupreme Court of Pennsylvania · 1841
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