Cole v. Union Mutual Insurance
Massachusetts Supreme Judicial Court
Actions of contract, submitted to the judgment of the court, with authority to make all legitimate inferences, upon statements of facts, in substance as follows: The first action was upon a policy of insurance on the ship William Penn for one year from the 20th of May 1854 at noon, and “ if the ship is at sea at the end of the year, then to continue at pro rata premium until she arrives at her port of destination.”
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Actions of contract, submitted to the judgment of the court, with authority to make all legitimate inferences, upon statements of facts, in substance as follows: The first action was upon a policy of insurance on the ship William Penn for one year from the 20th of May 1854 at noon, and “ if the ship is at sea at the end of the year, then to continue at pro rata premium until she arrives at her port of destination.” The William Penn, being at New York, was chartered by her owners to F. Barreda & Brothers on the 16th of June 1854 by a charter party which provided “ that the said vessel shall…
1Opinion of the Court
These cases were decided in February 1860.
Dewey, J.
In the case of Gookin v. New England Mutua Marine Ins. Co., the question is whether the policy on the'Water-witch was in force on the 1st of June 1855. It is contended, on the part of the plaintiff, that the conditional extension of time covers the vessel during the entire round voyage, to her return to Boston, and that she would be “ at sea ” until her arrival at such final port, no matter how many intermediate voyages from port to port she might have made after the expiration of the year. On the other hand, on the part of the defendants, it…
2Cases cited6 opinions
- Wood v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1817
- De Longuemere v. New-York Fire InsuranceNew York Supreme Court · 1813
- Robinson v. Marine Insurance Co.New York Supreme Court · 1806
- American Insurance v. HuttonNew York Supreme Court · 1840
- Giles v. The CynthiaDistrict Court, D. Pennsylvania · 1801
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