Wood v. Lincoln & Kennebeck Insurance
Massachusetts Supreme Judicial Court
This action was on a policy of insurance, subscribed by the defendants for 4000 dollars upon the plaintiff’s brig Betsey, valued at 4000 dollars, for one year commencing at noon on the 26th day of July, 1807, and ending at noon on the 26th day of July, 1808, against the usual risks, at a premium of ten per cent.
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This action was on a policy of insurance, subscribed by the defendants for 4000 dollars upon the plaintiff’s brig Betsey, valued at 4000 dollars, for one year commencing at noon on the 26th day of July, 1807, and ending at noon on the 26th day of July, 1808, against the usual risks, at a premium of ten per cent. The cause was tried upon the general issue, before Sedgwick, J., at the last September term in this county, when *a verdict was taken by consent for the plaintiff, as for [ * 480 ] a total loss, subject to the opinion of the Court upon the following facts contained in the judge’s…
1Opinion of the CourtParsons, C. J.
If the plaintiff, when he made the offer to aban don, had a legal right to abandon, the verdict must stand, notwithstanding the subsequent recovery and arrival of the vessel. The right to abandon is a vested right, and when legally exercised, the assured is entitled to recover as for a total loss; which subse quent events cannot prevent, unless with his consent, manifested expressly or by reasonable implication from his subsequent conduct. (6)
The principal question therefore is, whether the plaintiff had a right to abandon, at the time he made the offer. When a ship becomes a wreck, by any of…
2Cases cited9 opinions
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- Bosley v. Chesapeake InsuranceCourt of Appeals of Maryland · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Brown v. . St. Nicholas Ins. Co.New York Court of Appeals · 1874
- Greene v. Pacific Mutual InsuranceMassachusetts Supreme Judicial Court · 1864
- Gardiner v. SmithNew York Supreme Court · 1799
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
11 more not listed; retrieve them via the Exa API.