Paddock v. Commercial Insurance
Massachusetts Supreme Judicial Court
Actions of contract upon two policies of insurance made by the defendants on October 7, 1851, one to the plaintiff Paddock in the sum of §5000, and the other to the plaintiff Field in the sum of §3500; and each against the usual perils upon the ship Rambler, valued at §15,000, and outfits valued at a like sum, on a whaling voyage from Nantucket to the Pacific )cean and elsewhere and back to Nantucket; and containing this clause: “ Provided, that the insurers shall not be…
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Actions of contract upon two policies of insurance made by the defendants on October 7, 1851, one to the plaintiff Paddock in the sum of §5000, and the other to the plaintiff Field in the sum of §3500; and each against the usual perils upon the ship Rambler, valued at §15,000, and outfits valued at a like sum, on a whaling voyage from Nantucket to the Pacific )cean and elsewhere and back to Nantucket; and containing this clause: “ Provided, that the insurers shall not be liable for any partial loss on hemp and flax, unless the loss amount to twenty per cent, on the whole aggregate value of…
1Opinion of the CourtBigelow, C. J.
1. The question of a merger of a partial loss in a subsequent total loss is not now open to the defendants.
*5282. The finding of the assessor is based on incompetent evidence. The real subject matter of inquiry was the amount of injury to the vessel, caused by sea perils, which constituted the alleged partial loss; not what it would cost to put the vessel in repair, either temporary or permanent, after a voyage of several years’ duration, and without reference to the causes which made such repairs needful.
3. The plaintiffs, in order to warrant a finding by the assessor in their favor for the…
2Cases cited3 opinions
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Taber v. JennyDistrict Court, D. Massachusetts · 1856
- Fisk v. GrayMassachusetts Supreme Judicial Court · 1868
3Cited by22 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
- Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
- Western Assur. Co. of Toronto v. J. H. Mohlman Co.Court of Appeals for the Second Circuit · 1897
- Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
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