Forbes v. Manufacturers' Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, by which the defendants caused the plaintiff to be insured $18,000 on teas consigned to him on board the ship Paul Jones at and from Canton to port of discharge in the United States northeast of Cape Florida. The teas were valued in the policy at twenty per cent, advance on the invoice price.
Read the full summary
Assumpsit on a policy of insurance, by which the defendants caused the plaintiff to be insured $18,000 on teas consigned to him on board the ship Paul Jones at and from Canton to port of discharge in the United States northeast of Cape Florida. The teas were valued in the policy at twenty per cent, advance on the invoice price. The parties submitted the case upon the following statement of facts: The ship Paul Jones, on her voyage from Canton to New York, struck on a reef, and it became necessary, in order to get her off, to throw overboard a large quantity of goods, including about sixty two…
1Opinion of the CourtDewey, J.
The case stated shows a loss of more than fifty per cent, on the teas insured by the policy. The plaintiff contends that, in consequence of such loss, he might properly abandon the whole goods invoiced, and recover as for a total loss. To this it is answered, that the loss was wholly occasioned by the goods having been sacrificed by jettison for the common safety of the whole cargo, and that the plaintiff has thereby acquired a right of contribution from the other interests for such loss by jettison, and that this claim should be first satisfied from such contributors, leaving the balance…
2Cases cited1 opinion
- Seton v. Delaware Ins.U.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by1 opinion
- Gulf Refining Co. v. Atlantic Mutual InsuranceSupreme Court of the United States · 1929