Coffin v. Newburyport Marine Insurance
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance, for a total loss by capture, and a previous partial loss by stranding. The policy was in the common form, and against the usual risks, including capture, detention, &c.
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This was an action of the case upon a policy of insurance, for a total loss by capture, and a previous partial loss by stranding. The policy was in the common form, and against the usual risks, including capture, detention, &c. It was dated March 2, 1805. By it the plaintiff was insured 15,000 dollars on the ship Eliza, G. Hartón master, and her cargo, viz., 5000 dollars on the ship, valued at 10,000 dollars, and 10,000 dollars on the cargo, from Neioburyport to one or more ports beyond the Cape of Good Hope, one or more times, for the purpose of disposing of her outward cargo, and procuring…
1Opinion of the Court
* Sedgwick, J.
There is in this case a motion for a new trial on two grounds: 1. For a misdirection of the judge who tried the cause ; and, 2. Because the verdict is against evidence.
The several questions, which give rise to the objections made by the defendants, are, 1. Was there a deviation, before the capture by the British cruiser, which discharged the underwriters ? 2. Are the underwriters discharged in consequence of the misconduct of the master ? 3. Ought a valuation of the cotton to be made by the price at which it was purchased at the Cape of Good, Hope, or by its price at the Isle of…
2Cases cited1 opinion
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
3Cited by13 opinions
- Hostetter v. ParkSupreme Court of the United States · 1890
- The IndrapuraDistrict Court, D. Oregon · 1909
- Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
- Earl v. ShawNew York Supreme Court · 1800
- Audenreid v. . Mercantile Mutual Ins. Co.New York Court of Appeals · 1875
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