Amory v. Gilman
Massachusetts Supreme Judicial Court
This was an action of assumpsit on a policy of insurance, dated June 17, 1800, wherein the plaintiff, '-‘for whom it may concern caused himself to be insured on the cargo of the ship America, at and from Teneriffe to La Vera Cruz, and at and from thence to her port of discharge in the United States, with liberty to touch and trade at the Havana on her homeward passage, at a premium of twenty-eight per cent.
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This was an action of assumpsit on a policy of insurance, dated June 17, 1800, wherein the plaintiff, '-‘for whom it may concern caused himself to be insured on the cargo of the ship America, at and from Teneriffe to La Vera Cruz, and at and from thence to her port of discharge in the United States, with liberty to touch and trade at the Havana on her homeward passage, at a premium of twenty-eight per cent. In the printed part of the policy was a provision, now usually inserted in policies made in this country, that ‘ The subscribers thereto shall be discharged from- every risk in case the…
1Opinion of the Court
The Court took time, and at an after day in the term, delivered their opinions as follows : —
Parker, J.
(After stating the action and the facts as above recited.) It appears, then, that whatever cargo the insured had on board the ship, at the time of subscribing the policy on which this action was brought, had been previously covered by the policy made by the Boston Marine Insurance Company. This fact appearing, it is clear that, without the memorandum on the policy, the effect of which will presently be considered, there could be no pretence for supporting this action ; for the policy…
2Cases cited6 opinions
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
- Pearson v. LordMassachusetts Supreme Judicial Court · 1809
- Dumas v. JonesMassachusetts Supreme Judicial Court · 1808
- Hemmenway v. EatonMassachusetts Supreme Judicial Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cothran v. EllisIllinois Supreme Court · 1888
- Marco Sales Company, a Corporation, and Marvin O. Baer, Individually and as an Officer of Said Corporation v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1971
- O'Hara v. CarpenterMichigan Supreme Court · 1871
- Wilkinson v. TousleySupreme Court of Minnesota · 1871
- Love v. HarveyMassachusetts Supreme Judicial Court · 1873
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