The Dolphin
District Court, E.D. Michigan
This cause was heard on exceptions to the libel of the Orient Mutual Insurance Company. The libellant stated that this was a New York corporation; that the Dolphin was a vessel used in navigating the Great Lakes and waters connecting the same, and was over twenty tons burthen; that the master and owners, on the 6th day of March, 1875, represented to the libellant that the vessel stood in need of insurance, and that in pursuance of their representations libellant furnished…
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This cause was heard on exceptions to the libel of the Orient Mutual Insurance Company. The libellant stated that this was a New York corporation; that the Dolphin was a vessel used in navigating the Great Lakes and waters connecting the same, and was over twenty tons burthen; that the master and owners, on the 6th day of March, 1875, represented to the libellant that the vessel stood in need of insurance, and that in pursuance of their representations libellant furnished insurance on said vessel in the sum of $4.000; that there was due to libellant on premiums S277.3S, and for which…
1Opinion of the Court
BLOWN, District Judge.
The question . presented by. the exceptions to the libel is ■ one df great novelty and importance; and it is believed that no direct adjudication upon the point can be found either in this country or in England. After years of doubt in the minds of the profession, and some conflict of opinion in the courts, it was -finally settled by the supreme court in the case of Insurance Co. v. Dunham, 11 Wall. [78 U. S.] 1, that the contract of-marine insurance is maritime in its character, and that in case of loss á libel may be sustained by the insured against the underwriter..…
2Cited by3 opinions
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- The Daisy DayDistrict Court, W.D. Michigan · 1889
- Sun Ins. v. HopeDistrict Court, D. Washington · 1892