Dole v. New England Mutual Marine Insurance
Massachusetts Supreme Judicial Court
Two actions of contract upon policies of insurance dated on the 19th of November and the 17th of December 1860, respectively, by the first of which the defendants in the first action insured the plaintiffs in the sum of $10,000, and by the second of which the defendants in the second action insured the plaintiffs in the sum of $5000, on the ship Golden Rocket for one year.
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Two actions of contract upon policies of insurance dated on the 19th of November and the 17th of December 1860, respectively, by the first of which the defendants in the first action insured the plaintiffs in the sum of $10,000, and by the second of which the defendants in the second action insured the plaintiffs in the sum of $5000, on the ship Golden Rocket for one year. Each policy contained the following provisions : “ Touching the adventures and perils which the said insurance company are contented to bear and take upon them in this voyage, and for which the funds only of this company…
1Opinion of the Court
Bigelow, C. J.*
We do not deem it necessary to the decision jf these cases to determine the precise nature of the acts by which the plaintiffs’ ship was taken possession of and burned, or the exact legal status to be ascribed to the persons by whom this depredation and destruction were committed. The question which such an inquiry would open is certainly a very interesting and important one, and it has been very fully and ably discussed before us; but, in the view which we have taken of the contract declared on, its determination is immaterial to an adjudication on the rights of the parties to…
2Cases cited2 opinions
- Carrington and Others v. THE MERCHANTS'INSURANCE CO.Supreme Court of the United States · 1834
- Johnston v. LudlowNew York Supreme Court · 1802
3Cited by2 opinions
- Republic of China v. National Union Fire InsuranceDistrict Court, D. Maryland · 1957
- Knights & Ladies of Columbia Insurance Order v. ShoafIndiana Supreme Court · 1906