Russell v. De Grand
Massachusetts Supreme Judicial Court
This was assumpsit upon two several promissory notes, the con sideration of which was the p emium upon a policy of insurance, made in March, 1810. * The insurance, as expressed in the policy, was from Boston to the port of discharge in Europe.
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This was assumpsit upon two several promissory notes, the con sideration of which was the p emium upon a policy of insurance, made in March, 1810. * The insurance, as expressed in the policy, was from Boston to the port of discharge in Europe. At the foot of the policy was the following memorandum, viz.: “ No exceptions to be taken on account of ports interdicted by the laws of the United States ” In June, 1809, a statute of the United States was made, which prohibited all vessels from going to any port in France or England; and this statute was in force at the time of the execution of the…
1Opinion of the CourtParker, C. J.
We think there is no doubt that the contract between the undei writers * and the assured in this case was illegal, and that the paroi evidence was rightly admitted to prove it.
The evidence does not contradict the policy ; for it does not show that a voyage was contemplated different from that which was insured. The insurance was to any port in Europe, and the memorandum goes to include voyages prohibited by the law of the United, States. The evidence went to show which port was actually intended by the parties, and that proves to be an interdicted port. If such evidence is not admissible,…
2Cases cited3 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Swett v. PoorMassachusetts Supreme Judicial Court · 1814
3Cited by22 opinions
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
- SHOPPERS'WORLD v. Board of Assessors of FraminghamMassachusetts Supreme Judicial Court · 1965
- Henry G. Davis & Co. v. GemmellCourt of Appeals of Maryland · 1891
- Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
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