Richardson v. Maine Fire & Marine Insurance
Massachusetts Supreme Judicial Court
This action was assumpsit upon a policy of insurance subscribed by the defendants, dated the 7th day of December, 1807, by which they insured for the plaintiffs the sum of 6000 dollars on the cargo of the barque Active, at and from the port of Salem to and at the port of Malaga, until discharged. The insurance was against the usual risks, among which are the seas, enemies, men of war, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, &c.
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This action was assumpsit upon a policy of insurance subscribed by the defendants, dated the 7th day of December, 1807, by which they insured for the plaintiffs the sum of 6000 dollars on the cargo of the barque Active, at and from the port of Salem to and at the port of Malaga, until discharged. The insurance was against the usual risks, among which are the seas, enemies, men of war, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, &c. The declaration contained three counts. In the first, the loss is alleged to be by arrest of the barque, with her…
1Opinion of the CourtParsons, C. J.
After reciting the facts in the case, and observing that it might not be necessary to state the arrest, the rescue, and the subsequent embargo, which occurred after the master had discontinued his voyage to Malaga, and was returning to Salem, his honor proceeded —
A principal question in the case is, whether, on these facts, the plaintiffs can recover a total loss, arising from the restraint and *90detention of princes insured against, it being admitted that after the notice and warning, the vessel and her cargo would have been exposed to great danger of capture and condemnation, by pursuing her…
2Cases cited5 opinions
- Commonwealth v. Inhabitants of SpringfieldMassachusetts Supreme Judicial Court · 1810
- Craig v. United InsuranceNew York Supreme Court · 1810
- Tucker v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1815
- Savage v. PleasantsSupreme Court of Pennsylvania · 1813
- Symonds v. the Union Insurance CompanySupreme Court of the United States · 1806
3Cited by19 opinions
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Seton, Maitland & Co. v. LowNew York Supreme Court · 1799
- Crossley v. FabbriDistrict Court, S.D. New York · 1885
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840
- The Kronprinzessin CecilieDistrict Court, D. Massachusetts · 1916
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