Williams v. Cole
Supreme Judicial Court of Maine
The only question was, whether the company should be charged on their answers, from which it appeared, that the defendant had insured at the office of the defendants, a quantity of potatoes against the perils of the sea, “ and all other losses and misfortunes which have or shall coñac to the damage of the said potatoes or any part thereof to which assurers are liable by the rules and customs of assurances in Bangor, provided, that the said assurers shall not be liable for…
Read the full summary
The only question was, whether the company should be charged on their answers, from which it appeared, that the defendant had insured at the office of the defendants, a quantity of potatoes against the perils of the sea, “ and all other losses and misfortunes which have or shall coñac to the damage of the said potatoes or any part thereof to which assurers are liable by the rules and customs of assurances in Bangor, provided, that the said assurers shall not be liable for any partial loss on sugar, flax-seed, bread, tobacco, and rice, unless the loss amount to seven per cent, on the whole…
1Opinion of the Court
The opinion of the Court was drawn up by
Emery J.
Upon this disclosure, we think the defendants, sued in that character, must be adjudged trustees. We do not think it necessary that the loss should occur by stranding. Although potatoes like other vegetables are in their nature perishable, yet a loss by the perils of the sea, independently of stranding may well arise. If such losses were not within such policies, the indemnity against such risks would be practically of little importance.
*209In the memorandum clause, where the exception is broad enough to include other losses, besides those arising…
2Cases cited1 opinion
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by2 opinions
- Falmouth Co-Operative Marketing Ass'n v. Pennsylvania RailroadMichigan Supreme Court · 1927
- St. Louis S. F. R. Co. v. DreyfusSupreme Court of Oklahoma · 1913