Legal Opinion

Thwing v. Great Western Insurance

Massachusetts Supreme Judicial Court

Decided November 15, 1869PublishedCited by 3 opinions

Contract upon a policy of insurance issued by the defendants to the plaintiff October 6, 1863, on his ship Alhambra, for a voyage from Liverpool to San Francisco. Trial, and verdict for the plaintiff, in this court, before Morton, J., who allowed a bill of exceptions substantially as follows : “ It was agreed that the vessel received injury, and that, if the defendants were liable, the case was to go to an assessor to determine the amount.

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Contract upon a policy of insurance issued by the defendants to the plaintiff October 6, 1863, on his ship Alhambra, for a voyage from Liverpool to San Francisco. Trial, and verdict for the plaintiff, in this court, before Morton, J., who allowed a bill of exceptions substantially as follows : “ It was agreed that the vessel received injury, and that, if the defendants were liable, the case was to go to an assessor to determine the amount. The only question at issue, material to this bill of exceptions, was, whether the vessel was overloaded with coal, iron and bricks, under the following…

1Opinion of the CourtGray, J.

The single question in this case arises upon this clause on the face of a policy of insurance upon the plaintiff’s ship: 11 Warranted not to load more than her registered tonnage with lead, marble, coal, slate, copper ore, salt, stone, bricks, grain or iron, either or all, on any one passage.” This clause is do nbtless a warranty, in the technical sense, any breach of which will defeat the policy; and being a warranty, the meaning of the words used is to be ascertained, and, when ascertained, strictly carried out.

The subject of the insurance is shown by the policy itself to be a ship,…

2Cases cited2 opinions

  1. Hooe & Co. v. GrovermanSupreme Court of the United States · 1803
  2. McLoon v. Commercial Mutual InsuranceMassachusetts Supreme Judicial Court · 1868

3Cited by3 opinions

  1. Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
  2. Wilkins v. Tobacco Fire & Marine InsuranceOhio Superior Court, Cincinnati · 1872
  3. Wilkins v. Tobacco InsuranceOhio Supreme Court · 1876

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