Higginson v. Pomeroy
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance, dated July 1, 1800, and subscribed by the defendant for 2000 dollars, upon the cargo of the ship Diana, at and from Boston, to every port and place to which she might proceed, except the West Indies, and until her arrival at her port of discharge in the United States, the time not exceeding twenty months, against restraints and detainments of kings, &c., and against the other risks usually expressed in policies of…
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This was an action of the case upon a policy of insurance, dated July 1, 1800, and subscribed by the defendant for 2000 dollars, upon the cargo of the ship Diana, at and from Boston, to every port and place to which she might proceed, except the West Indies, and until her arrival at her port of discharge in the United States, the time not exceeding twenty months, against restraints and detainments of kings, &c., and against the other risks usually expressed in policies of insurance, at a premium of one and a half per cent, per month. The plaintiffs declare on a total loss at Lima, in South…
1Opinion of the CourtSewall, C. J.
In this action the demand of the plaintiff is upon a policy of insurance, and they aver a total loss to have happened within the voyage and risk insured. A verdict for them, subject to the opinion of the Court upon a report of the case, having been consented to on the part of the defendant, the merits of the controversy have been fully discussed on a motion for a new trial.
The case reported is according to the evidence offered, and considered at the trial of an action brought by these plaintiffs against William Gray, another underwriter, upon the same policy, for another portion of the same…
2Cases cited2 opinions
- Gracie v. New-York InsuranceNew York Supreme Court · 1816
- Faudel v. Phœnix InsuranceSupreme Court of Pennsylvania · 1818
3Cited by5 opinions
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Carrington and Others v. THE MERCHANTS'INSURANCE CO.Supreme Court of the United States · 1834
- Cucullu v. Louisiana Insurance Co.Supreme Court of Louisiana · 1827
- Cucullu v. Orleans Insurance Co.Supreme Court of Louisiana · 1827
- Goicoechea v. Louisiana State Insurance Co.Supreme Court of Louisiana · 1827