Warren v. Franklin Insurance
Massachusetts Supreme Judicial Court
Contract. Writ dated October 14,1867. The declaration alleged that the defendants executed to the plaintiffs two policies of insurance, one for $850 on 84 tons of cannel coal, and the other for $5000 on 147 casks of soda ash, on board the barque Alida, at and from Liverpool to Boston, the losses payable in gold ; that the vessel with her cargo was totally lost by perils insured against; that the coal was, and was agreed to be, of the value of $850 in gold, and the soda ash…
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Contract. Writ dated October 14,1867. The declaration alleged that the defendants executed to the plaintiffs two policies of insurance, one for $850 on 84 tons of cannel coal, and the other for $5000 on 147 casks of soda ash, on board the barque Alida, at and from Liverpool to Boston, the losses payable in gold ; that the vessel with her cargo was totally lost by perils insured against; that the coal was, and was agreed to be, of the value of $850 in gold, and the soda ash was, and was agreed to be, of the value of $5000 in gold; that the defendants had due notice and proof of the loss, and…
1Opinion of the CourtChapman, C. J.
The rule of damages, which may be regarded as established in the United States, is the market value of the goods with certain costs and charges at the beginning of the risk, 2 Phil. Ins. §§ 1222, 1229. Coffin v. Newburyport Insurance Co. 9 Mass. 436. Le Roy v. United States Insurance Co. 7 Johns. 343. Carson v. Marine Insurance Co. 2 Wash. C. C. 468. Cox v. Insurance Co. 3 Rich. 331. In 1 Arnould on Ins. § 131, cited by the defendants’ counsel, it is said that the rule in England is the invoice price, but it is admitted that the American rule is the true rule in theory. But in the third…
2Cases cited3 opinions
- Coffin v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Le Roy v. United InsuranceNew York Supreme Court · 1811
- Carson v. Marine Ins.U.S. Circuit Court for the District of Pennsylvania · 1811
3Cited by2 opinions
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Union Mutual Marine Insurance v. HowesMassachusetts Supreme Judicial Court · 1878