Tudor v. New England Mutual Marine Insurance
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance on a cargo of ice shipped from Boston to Calcutta, on board the brig Carthage, May 1,1850. It was agreed that the ice was properly packed in the lower hold of the vessel, surrounded with non-co.nductors of heat, and that the loss took place in the manner hereafter stated in the opinion of the court, and that no part of the loss happened by stranding. An abandonment had been tendered and refused.
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Assumpsit upon a policy of insurance on a cargo of ice shipped from Boston to Calcutta, on board the brig Carthage, May 1,1850. It was agreed that the ice was properly packed in the lower hold of the vessel, surrounded with non-co.nductors of heat, and that the loss took place in the manner hereafter stated in the opinion of the court, and that no part of the loss happened by stranding. An abandonment had been tendered and refused. The policy, among the usual printed clauses, contained the following memorandum clause: “ Provided that the insurers shall not be liable for any partial loss on…
1Opinion of the CourtBigelow, J.
Although ice is not one of the articles specifically enumerated in the memorandum clause of the policy, yet being of a perishable nature, it clearly falls within the general stipulations; so that the defendants can be liable only for a total loss.
Upon the undisputed facts in this case, it appears that the vessel, by the perils of the sea, sprung a leak on the 23d day of May, 1850; that this leak increased from time to time to such an extent that, on the 14th day of June, it became necessary for the safety of the officers and crew, as well as of the vessel, to put away for a port; that the…
2Cases cited2 opinions
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840