Ruggles v. General Interest Ins.
U.S. Circuit Court for the District of Massachusetts
This was an action on a policy of insurance, dated the 9th of February, 1824, for 3,000 dollars, on the sloop Harriet, lost or not lost, at and from Newport in Rhode-Island, to, at, and from, all ports and places, to which she may proceed, in the United States, •during the term of six months, beginning on the 12th of January, 1824. Also, GOO dollars property on board said sloop, at and from Newport to Charleston or Savannah, or both.
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This was an action on a policy of insurance, dated the 9th of February, 1824, for 3,000 dollars, on the sloop Harriet, lost or not lost, at and from Newport in Rhode-Island, to, at, and from, all ports and places, to which she may proceed, in the United States, •during the term of six months, beginning on the 12th of January, 1824. Also, GOO dollars property on board said sloop, at and from Newport to Charleston or Savannah, or both. On the 19th of the same January, the vessel was wrecked on Cape Harteras, whilst proceeding on her voyage, and both vessel and cargo lost. An abandonment was…
1Opinion of the Court
STORY, Circuit Justice,
in summing up the •cause, gave a separate opinion upon the points •of law, as follows:
It is argued by the counseL for the defendants, 1. That, after the loss, the master wil-fully omitted to communicate intelligence of It to the owner, with the fraudulent design to enable him to make insurance, which conduct, although the owner be entirely innocent .and unknowing of the act or intent of the master, and of the loss, avoided the policy bona fide made by the owner after the loss. In support of this doctrine various cases are ■cited. And first, the case of Fitzherbert v.…
2Cases cited2 opinions
- Andrews v. Marine InsuranceNew York Supreme Court · 1812
- Ely v. HallettNew York Supreme Court · 1804