Whitney v. Haven
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated June 10th, 1814, by which the plaintiff was insured $700 on property on board the boat Juliann, at and from Boston to Eastport, with liberty to discharge at Machias, if Eastport should be blockaded. Trial on the general issue, before the Chief Justice, at the last November term.
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Assumpsit on a policy of insurance, dated June 10th, 1814, by which the plaintiff was insured $700 on property on board the boat Juliann, at and from Boston to Eastport, with liberty to discharge at Machias, if Eastport should be blockaded. Trial on the general issue, before the Chief Justice, at the last November term. The property insured was not on board at the time of effecting the insurance, but was shipped within two or three days afterwards, except two hogsheads which were kept in store for safety, and which were ready for shipping, and could have been put on board in an hour at any…
1Opinion of the Court
Curia.
The objection, that there was a delay of sailing, amounting to a deviation, was left to the jury to determine, whether the delay was caused by imminent danger of capture. We think the cause for delay was a justifiable one ; and the jury have found that it existed. The declaration of the underwriter, that unless the vessel should sail by a certain day he would not be bound, should have made a part of the written contract, if he intended to avail himself of it. Parol evidence is not sufficient to give it effect. As to the objection that the policy did not attach, because the property…
2Cited by5 opinions
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