Coolidge v. Gray
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated April 10th, 1810, for 15,000 dollars on Batavia sugars, coffee, and spice on board the schooner Cremer, at and from Boston to her port of discharge in Europe, including blockaded ports, and there until safely landed, and in quiet possession of the consignee thirty days.
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Assumpsit on a policy of insurance, dated April 10th, 1810, for 15,000 dollars on Batavia sugars, coffee, and spice on board the schooner Cremer, at and from Boston to her port of discharge in Europe, including blockaded ports, and there until safely landed, and in quiet possession of the consignee thirty days. It was also contained in the policy, that it was understood that all risks of every name and nature (bad debts and illicit trade excepted) were included in the policy; that the vessel, though cleared for Tonningen, was intended for some port in Holland, or wherever else the master…
1Opinion of the Court
By the Court.
Two objections are made on behalf of the defendant to the right, of the plaintiffs to recover in this action. First, it is said that after the vessel had eluded the blockade, and had gotten safely into Holland, she had no right to leave Holland and go elsewhere at the risk of *the underwriter. But our opinion is, that by getting into Holland, as used in this policy, must be understood getting in for some beneficial purpose, as the sale and delivery of the cargo, which was known to *442be the sole object of the voyage. The master had a right, and it was his duty, after receiving the…
2Cited by4 opinions
- Arnold v. . the Pacific Mutual Ins. Co.New York Court of Appeals · 1879
- King v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
- Fay v. Alliance InsuranceMassachusetts Supreme Judicial Court · 1860
- Lapham v. Atlas InsuranceMassachusetts Supreme Judicial Court · 1833