Church v. Marine Ins.
U.S. Circuit Court for the District of Rhode Island
At law. Assumpsit on a policy of insurance on the schooner Topaz for three months, the risk to be continued at the same rate, if, at the time, she shall not have arrived at Providence. The loss was alleged to be by perils of the sea and stranding. Plea, the general issue.
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At law. Assumpsit on a policy of insurance on the schooner Topaz for three months, the risk to be continued at the same rate, if, at the time, she shall not have arrived at Providence. The loss was alleged to be by perils of the sea and stranding. Plea, the general issue. At the trial it appeared that the policy was underwritten on the 2d of April, 1810. On the 12th of the same month the vessel was stranded on a bar, called New River bar, about thirty miles below Wilmington, in North Carolina. The master and crew abandoned the vessel soon after the stranding, and returned the next day and got…
1Opinion of the Court
STORY, Circuit Justice.
The question of fraud or gross negligence is a question oí fact, which I shall leave to the jury, with' proper directions as to the evidence. But as to the other point, I am decidedly of opinion, that there is no color to claim for a total loss. The vessel was stranded, and it is true, that if the abandonment had been made, while she remained in that state, the plaintiff might have been entitled to claim as for a total loss. But here the vessel was actually gotten off, without having sustained any essential injury, before the abandonment was made. It is argued, however,…
2Cases cited8 opinions
- Oliver v. Newburyport InsuranceMassachusetts Supreme Judicial Court · 1807
- Walden v. Phœnix InsuranceNew York Supreme Court · 1810
- Sawyer v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1815
- Robinson v. United InsuranceNew York Supreme Court · 1806
- Abbott v. BroomeNew York Supreme Court · 1803
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Clute v. BarronMichigan Supreme Court · 1851
- Utica Insurance v. Toledo InsuranceNew York Supreme Court · 1853
- MacGregor v. GardnerSupreme Court of Iowa · 1862
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