Cory v. Boylston Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, dated January 12,1869, for $100,000 on champagne wine at and from Havre to Boston; 6 attaching to first shipments prior to January 1,1870 ; ” “ valued as per memorandum on back hereof; ” “ loss, if any, to be paid .n gold.” Writ dated September 4, 1869. Indorsed upon the policy were various shipments of champagne wine, valued by the case in gold.
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Contract upon a policy of insurance, dated January 12,1869, for $100,000 on champagne wine at and from Havre to Boston; 6 attaching to first shipments prior to January 1,1870 ; ” “ valued as per memorandum on back hereof; ” “ loss, if any, to be paid .n gold.” Writ dated September 4, 1869. Indorsed upon the policy were various shipments of champagne wine, valued by the case in gold. So much of these indorsements as needs to be stated is copied below * “ Champagne wine valued as follows : Quarts. Pints. Schreider and Dry Schreider . . ii 12 x Dry SiUery........ 12 13 per case, Cabinet,…
1Opinion of the CourtGray, J.
By the general law of insurance, underwriters against perils of the sea and other usual perils do not assume the risk of ordinary perils incident to the course of the voyage, nor of damage arising from intrinsic qualities or defects of the thing insured, including waste from ordinary leakage of liquors. 1 Phil. Ins. §§ 1086, 1089, 1090.
The clause in the policy before us, which provides that the insurers shall not be liable for leakage, unless occasioned by stranding or collision, exempts them from liability for all leakage, ordinary or extraordinary, and from whatever cause, whether gradual…
2Cases cited1 opinion
- Paddock v. Commercial InsuranceMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- Lanasa Fruit Steamship & Importing Co. v. Universal InsuranceSupreme Court of the United States · 1938
- Agoos Leather Companies, Inc. v. American & Foreign InsuranceMassachusetts Supreme Judicial Court · 1961
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
- Witcher Construction Co. v. Saint Paul Fire & Marine Insurance Co.Court of Appeals of Minnesota · 1996
- Perry v. CobbSupreme Judicial Court of Maine · 1896
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