Bradstreet v. Neptune Ins.
U.S. Circuit Court for the District of Massachusetts
At law. This was an action [by Simon Bradstreet and others] on a policy of insurance on the schooner Gardiner of Gardiner, and the declaration alleged a loss by seizure, &c.
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At law. This was an action [by Simon Bradstreet and others] on a policy of insurance on the schooner Gardiner of Gardiner, and the declaration alleged a loss by seizure, &c. The defendants admitting, that the vessel was seized by the Mexican government, averred, that she was so seized, and was detained and finally condemned on account of a violation of the revenue laws of Mexico, and to prove this averment, they pro-' dneed a transcript of the record of the proceedings of the court against the vessel. The plaintiffs denied the existence of any such alleged law, or that any breach of any law…
1Opinion of the Court
STORY, Circuit Justice.
This is the case of an action on a policy of insurance underwritten by the Neptune Insurance Company “for three thousand dollars on the schooner Gardiner of Gardiner, at sea or in port, for and during the term of one year, commencing the risk on the twenty-eighth day of September, 1836, at noon.” There is a clause in the policy as follows: “It is agreed, that the insurers shall not be answerable for any charge, ■ damage or loss, which may arise in consequence of seizure or detention for or on account of illicit or prohibited trade, or trade in articles contraband of…
2Cases cited1 opinion
- Sawyer v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1815
3Cited by11 opinions
- Tahan v. HodgsonCourt of Appeals for the D.C. Circuit · 1981
- Cushing v. LairdSupreme Court of the United States · 1883
- Orient Insurance v. RudolphNew Jersey Court of Chancery · 1905
- China Mutual Insurance v. ForceNew York Court of Appeals · 1894
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1947
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