Whiton v. Albany City Insurance
Massachusetts Supreme Judicial Court
Two ACTIONS OE contract upon policies of insurance made in July 1868 on vessels, for one year, in the usual form, and containing this clause : “ Prohibited from the River and Gulf of St. Lawrence,” and other places, “ and from all guano islands, except the Chinchas,” or “ Peruvians,” which were admitted to be the same.
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Two ACTIONS OE contract upon policies of insurance made in July 1868 on vessels, for one year, in the usual form, and containing this clause : “ Prohibited from the River and Gulf of St. Lawrence,” and other places, “ and from all guano islands, except the Chinchas,” or “ Peruvians,” which were admitted to be the same. The cases were tried together in the superior court before Devens, J. It appeared that each vessel was lost by perils of the sea, during the year, on a voyage from the island of Navassa in the Caribbean Sea, after loading there with a cargo of a material, the product of that…
1Opinion of the CourtGray, J.
The clause in each of these policies, by which the vessel insured was “ prohibited from all guano islands,” except the Peruvian or Chinchas, was a warranty, any breach of which defeated the policy, without regard to the question whether it did or did not increase the risk. Odiorne v. New England Insurance Co. 101 Mass. 551. Cobb v. Lime Rock Insurance Co. 58 Maine 326. The issue submitted to the jury, and the true issue be *30tween the parties, was whether the material deposited on and exported from the island of Navassa was commonly and commercially known as guano, and whether that island was…
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