Legal Opinion

Delano v. Bedford Marine Insurance

Massachusetts Supreme Judicial Court

Decided October 15, 1813PublishedCited by 8 opinions

This was an action of the case upon a policy of insurance by which the defendants, for a premium of ten and a half per cent., insured the plaintiff 6000 dollars, and two other persons named in the policy 1000 dollars each, upon the ship Emulous and her appurtenances, for a voyage from New Bedford to Charleston, in South Carolina, with liberty to go from thence to Savannah, and at and from thence to a port in the United Kingdom of Great Britain, and at and from thence to her…

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This was an action of the case upon a policy of insurance by which the defendants, for a premium of ten and a half per cent., insured the plaintiff 6000 dollars, and two other persons named in the policy 1000 dollars each, upon the ship Emulous and her appurtenances, for a voyage from New Bedford to Charleston, in South Carolina, with liberty to go from thence to Savannah, and at and from thence to a port in the United Kingdom of Great Britain, and at and from thence to her port of discharge in the United States, with liberty to go to a second port in the United Kingdom, and also the * Cape…

1Opinion of the Court

* Sewall, J.

The demand for a total loss by deten- [ * 351 ] tion, made by the plaintiff in this action, is resisted, on the part of the insurers, on the ground, first, that an embargo, enacted and enforced by a law of the United States, is not a loss within the clause of restraints and detentions, as a risk insured agains't in a contract of insurance between citizens of the United States, there effected and demanded; and, secondly, that the embargo, enacted for three months, and by which the vessel insured in this case was detained, was not a loss within this policy, because it contains a…

2Cases cited6 opinions

  1. Fisher v. New-York Common PleasNew York Supreme Court · 1836
  2. Tucker v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1815
  3. M'Bride v. Marine InsuranceNew York Supreme Court · 1810
  4. Law v. GoddardMassachusetts Supreme Judicial Court · 1815
  5. Dorr v. Union InsuranceMassachusetts Supreme Judicial Court · 1812

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
  2. Fogarty v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1935
  3. Peck v. BarnumSupreme Court of Vermont · 1852
  4. Williams v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1838
  5. Mumford v. ChurchNew York Supreme Court · 1799

3 more not listed; retrieve them via the Exa API.

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