Cobb v. Lime Rock Fire & Marine Insurance
Supreme Judicial Court of Maine
On report. Assumpsit by merchants residing in Rockland, upon a policy of insurance upon the schooner Republic, issued April 4,1861, by the defendant company established in Rockland. The policy contained ■the following clause: “ Prohibited from the River and Gulf of St. Lawrence between September first and May first.” The schooner sailed from St. Johns, Newfoundland, to Pictou, N. S., in December, 1861, where she took on a cargo of coal and then sailed for Boston.
Read the full summary
On report. Assumpsit by merchants residing in Rockland, upon a policy of insurance upon the schooner Republic, issued April 4,1861, by the defendant company established in Rockland. The policy contained ■the following clause: “ Prohibited from the River and Gulf of St. Lawrence between September first and May first.” The schooner sailed from St. Johns, Newfoundland, to Pictou, N. S., in December, 1861, where she took on a cargo of coal and then sailed for Boston. Between Pictou and the Gut of Canso she encountered a gale. At Port Mulgrave a survey was had and a portion of her cargo taken out,…
1Opinion of the CourtAppleton, C. J.
This is an action upon a policy of insurance upon the schooner Republic, containing this clause, “prohibited from the River and Gulf of St. Lawrence between September first and May first.” These words constitute a warranty that the vessel shall not enter those waters within the time specified. Odiorne v. N. E. Mutual Marine Ins. Co., 101 Mass. 551.
The schooner sailed from St. Johns, Newfoundland, to Pictou, N. S., in December, where she loaded with coal. After leaving Pictou the vessel encountered a heavy gale, and was lost on her homeward voyage.
The vessel was in the Gulf of St. Lawrence…
2Cases cited1 opinion
- Odiorne v. New England Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- Canton Ins. Office, Ltd. v. Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1914
- Whiton v. Albany City InsuranceMassachusetts Supreme Judicial Court · 1871
- German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
- Celluloid Manuf'g Co. v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1886