Williams v. Kennebec Mutual Insurance
Supreme Judicial Court of Maine
Assumpsit upon a policy of insurance, whereby $2500 was insured upon the cargo and $300 upon the freight of a schooner on a voyage from Gardiner to a port in the Chesapeake. The plaintiff claimed for a total loss of a quantity of potatoes, being that part of the cargo covered by the policy. Notice of the loss was duly given to the defendants, and a demand made as for a total loss. But there was no abandonment.
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Assumpsit upon a policy of insurance, whereby $2500 was insured upon the cargo and $300 upon the freight of a schooner on a voyage from Gardiner to a port in the Chesapeake. The plaintiff claimed for a total loss of a quantity of potatoes, being that part of the cargo covered by the policy. Notice of the loss was duly given to the defendants, and a demand made as for a total loss. But there was no abandonment. The history and character of the disaster were given by a witness for the plaintiff. The substance of his testimony is presented in the opinion of the court. Upon that testimony, and…
1Opinion of the CourtShepley, C. J.
This suit is upon a policy of insurance, by which the company insured on account of whom it might concern, payable to the plaintiff, §2500 on the cargo, and §300 on the freight of the schooner Yucatan, from Gardiner to a port of discharge in the Chesapeake. The policy contained the usual clause, providing, that the company should not be liable for any partial loss, for goods esteemed to be perishable in their own nature.
The principal part of the cargo consisted of potatoes, a perishable article. The case is submitted • for decision by the •court, upon the testimony introduced.
The only witness…
2Cases cited5 opinions
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- Griswold v. New-York InsuranceNew York Supreme Court · 1808
- Saltus v. Ocean InsuranceNew York Supreme Court · 1815
- Whitney v. New-York Firemen InsuranceNew York Supreme Court · 1820
3Cited by1 opinion
- Washburn & Moen Mfg. Co. v. Reliance Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1895