Law v. Goddard
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance, dated October 4th, 1811, underwritten by the defendant for $ 1000, on effects on board the ship Egeria, and on the plaintiff’s commissions as consignee of the said ship ; “ commencing the risk at the date of the ship’s acquittal at Copenhagen, about the 15th of July, 1811, at and from Fahrsand to St. Petersburg or Archangel, and at and from thence to New York, or port of discharge in the United States.”
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Assumpsit upon a policy of insurance, dated October 4th, 1811, underwritten by the defendant for $ 1000, on effects on board the ship Egeria, and on the plaintiff’s commissions as consignee of the said ship ; “ commencing the risk at the date of the ship’s acquittal at Copenhagen, about the 15th of July, 1811, at and from Fahrsand to St. Petersburg or Archangel, and at and from thence to New York, or port of discharge in the United States.” There was a memorandum annexed to the policy, that the underwriters were exempted “ from all loss and expense that may arise from the ordinary dangers and…
1Opinion of the CourtParker, C. J.
The claim for a recovery upon a total loss is made by the plaintiff upon the ground, that the loss was occasioned by capture, against which the defendant insured ; or, at least, that it was not from the perils of the seas, within the meaning of the first memorandum in the policy.
It is impossible to consider this a loss by capture, within the meaning of the parties to the contract of assurance : for although, without the second memorandum, an abandonment upon such a capture would have entitled the plaintiff to recover as upon a total loss, according to the case of Lee vs. Boardman(1), †,…
2Cases cited2 opinions
- Delano v. Bedford Marine InsuranceMassachusetts Supreme Judicial Court · 1813
- Dorr v. Union InsuranceMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Lee v. BoardmanMassachusetts Supreme Judicial Court · 1807
- Delano v. Bedford Marine InsuranceMassachusetts Supreme Judicial Court · 1813
- Lovering v. Mercantile Marine InsuranceMassachusetts Supreme Judicial Court · 1832