Hemmenway v. Eaton
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance on the Swedish schooner Sara, her cargo and freight, from her port of lading m the West Indies to a port of discharge in the United States. The policy was in common form, except that it contained an agreement, that, in case of loss, no proof of property was to be required, and no return of premium to be made for want of interest. In case of capture, the assured agreed to claim as Swedish property.
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This was an action of the case upon a policy of insurance on the Swedish schooner Sara, her cargo and freight, from her port of lading m the West Indies to a port of discharge in the United States. The policy was in common form, except that it contained an agreement, that, in case of loss, no proof of property was to be required, and no return of premium to be made for want of interest. In case of capture, the assured agreed to claim as Swedish property. In the margin was a memorandum in the following words ; “ Swedish register and papers complete. Swedish captain and crew, except one man.”…
1Opinion of the CourtParker, C. J.
The question which has been argued in this case is, whether the policy, on which the suit is brought, is a valued policy, so as to preclude the necessity of proving the amount of interest insured. The words on which this question has arisen are, “In case of loss, no proof of property to be required, and no return of premium to be made for the want of interest.” And it is added, “In case of capture, the assured agrees to claim as Swedish property.” It is agreed, that the vessel sailed in the character of a Swede, being documented as such.
The object and intent of the agreement not to require…
2Cited by2 opinions
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Snowden v. . GuionNew York Court of Appeals · 1886