Frothingham v. Prince
Massachusetts Supreme Judicial Court
The plaintiffs in this case declared that the defendant, at their request, and for a certain premium paid him by them, underwrote one thousand dollars on a policy of insurance, dated September 7th, 1798, upon their ship Commerce and her appurtenances, upon a voyage from St. Ubes to her port of discharge in the United States, and that the said ship was totally lost by storm and the dangers of the seas on the voyage aforesaid.
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The plaintiffs in this case declared that the defendant, at their request, and for a certain premium paid him by them, underwrote one thousand dollars on a policy of insurance, dated September 7th, 1798, upon their ship Commerce and her appurtenances, upon a voyage from St. Ubes to her port of discharge in the United States, and that the said ship was totally lost by storm and the dangers of the seas on the voyage aforesaid. There was also a count for 700 dollars, money had and received.
1Opinion of the Court
At November term, 1799, the parties agreed upon the following statement of facts, viz.:—
“ The parties agree that the policy in the case was subscribed by the said Prince and others for the sum therein mentioned, and on the vessel, and for the voyage there mentioned, the vessel being the property of the plaintiffs; that the same was cast on shore at Cape Cod, October 8th, 1798, and lost; that so much of the wreck was saved as, deducting expenses of salvage, amounted to 879 dollars, 62 cents, which sum the underwriters have received, refusing to allow any part thereof for seamen’s wages; that…
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