Dabney v. New England Mutual Marine Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance on the bark Fredonia, issued to the plaintiff by the defendants, to recover a sum of money as general average for throwing over a part of a cargo of fruit belonging to the plaintiff.
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Contract upon a policy of insurance on the bark Fredonia, issued to the plaintiff by the defendants, to recover a sum of money as general average for throwing over a part of a cargo of fruit belonging to the plaintiff. The following facts were agreed in the superior court: The bark Fredonia, Captain Edmund Burke, sailed on a voyage from Fayal to Boston, loaded with fruit and oil, on the 13th day of December 1865, and at daylight on the 1st day of January 1866 came in sight of a ship about five miles distant, and bore down and spoke her, and found her to be the ship Gratitude, bound from…
1Opinion of the CourtBigelow, C. J.
The precise question which this case presents for adjudication is a novel one, but we think that its solution can be satisfactorily reached by the application of a few well settled principles of law to the admitted facts.
The claim of the plaintiff is to recover on a policy of insurance on a vessel belonging to his principal, in whose behalf this action is brought, a contribution to general average for a jettison of a portion of the cargo. It seems to be conceded by both parties, that the controversy between them as to the validity of this claim turns entirely on the determination of the…
2Cases cited2 opinions
- Windsor v. McAteeCourt of Appeals of Kentucky · 1859
- Whitteridge v. NorrisMassachusetts Supreme Judicial Court · 1809