Holbrook v. Brown
Massachusetts Supreme Judicial Court
This was an action on a policy of insurance, dated April 27, A. D. 1802, “ on property in the brig Lavinia, Samuel Holbrook master, from the third day of January, 1802, off Cape Augulus, to her port of discharge in the United States, with liberty to touch at the usual places for refreshment.” The plaintiff demands for a total loss alleged to have arisen from storms and the violence of the seas, whereby the ship and cargo were utterly lost.
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This was an action on a policy of insurance, dated April 27, A. D. 1802, “ on property in the brig Lavinia, Samuel Holbrook master, from the third day of January, 1802, off Cape Augulus, to her port of discharge in the United States, with liberty to touch at the usual places for refreshment.” The plaintiff demands for a total loss alleged to have arisen from storms and the violence of the seas, whereby the ship and cargo were utterly lost. Upon the general issue pleaded, the action was tried at the last November term, before Parker, J., and the following special verdict returned, viz.: “ The…
1Opinion of the Court
By the Court
(absents Parsons, C. J.) —This word property is very comprehensive; and there can be no doubt it was the inten tian of the parties to cover this interest of Holbrook, the master, whether it was to be considered as commission, or as a specific proportion of the cargo belonging exclusively to him. The earnings of the master were completed at Canton; and if he had died on the homeward passage, and the ship arrived in safety, his executors would have been entitled to the share of the goods he was to receive. When this cargo was laden on board at Canton, the master, in virtue of the…
2Cited by4 opinions
- Womack v. WomackTexas Supreme Court · 1943
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Titus v. TerkelsenMassachusetts Supreme Judicial Court · 1938
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1949