Higgins v. Livermore
Massachusetts Supreme Judicial Court
Case upon a policy of insurance. The article insured was described as “ the plaintiff’s commissions on the cargo of the Swedish brig Sophia.” It was proved, at the trial before Jackson, J., at the last November term in this county, that the vessel was captured by the British on the voyage insured, and with the cargo condemned, on the ground that she was not a Swedish vessel; and the only question was, whether she was warranted by the policy to be Swedish.
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Case upon a policy of insurance. The article insured was described as “ the plaintiff’s commissions on the cargo of the Swedish brig Sophia.” It was proved, at the trial before Jackson, J., at the last November term in this county, that the vessel was captured by the British on the voyage insured, and with the cargo condemned, on the ground that she was not a Swedish vessel; and the only question was, whether she was warranted by the policy to be Swedish. The judge was of opinion that, by the words above quoted, she was so warranted; and no evidence was offered to prove that she was Swedish,…
1Opinion of the Court
* By the Court.
The words cited from the policy contain a warranty that the vessel was Swedish property, or at least that she was furnished with regular documents in that character. The evidence given to the jury, to explain the intentions of the parties to the contract, ought not to have been admitted.
The condemnation having been expressly on the ground that the vessel was American, it is doubtful if the plaintiff is at liberty to contest that fact. But let the verdict be set aside, and the plaintiff may take a new trial, if he shall be so advised. (1) , (a)
Parker for the plaintiff.
Welsh for…
2Cases cited1 opinion
- Lewis v. ThatcherMassachusetts Supreme Judicial Court · 1819
3Cited by3 opinions
- Lewis v. ThatcherMassachusetts Supreme Judicial Court · 1819
- Hastings v. LoveringMassachusetts Supreme Judicial Court · 1824
- Coolidge v. BrighamMassachusetts Supreme Judicial Court · 1840