Thorndike v. Bordman
Massachusetts Supreme Judicial Court
This was assumpsit on a policy of insurance, dated December 16th, 1819, on the ship Marmion and cargo from Boston to any port or ports beyond the Cape of Good Hope, one or more times to the same port, for the purpose of selling the outward and procuring a return cargo, and at and from thence to port of final discharge in Europe or the United States, (not both,) with liberty to stop at the usual places for refreshments and to trade thereat.
Read the full summary
This was assumpsit on a policy of insurance, dated December 16th, 1819, on the ship Marmion and cargo from Boston to any port or ports beyond the Cape of Good Hope, one or more times to the same port, for the purpose of selling the outward and procuring a return cargo, and at and from thence to port of final discharge in Europe or the United States, (not both,) with liberty to stop at the usual places for refreshments and to trade thereat. At the trial, before Parker G. J., it appeared that the vessel sailed on the 29th of January, 1819, for the coast of Cochin China, where the master was…
1Opinion of the Court
Parker C. J.
delivered the opinion of a majority of the Court. The contract of insurance which is the subject of this action, appears to have been entered into by both parties to it, with a view to the peculiar uncertainty of the voyage contemplated. All that was known of the destination of the vessel was, that she was going beyond the Cape of Good *491Hope, into the Indian seas, for the purpose of disposing of, to the best advantage, the specie which was on board, and of purchasing therewith a cargo suitable for the markets in Europe or the United States. At what port she would be able to effect…
2Cases cited1 opinion
- Hughes v. The Union Insurance CompanySupreme Court of the United States · 1818