Parsons v. Manufacturers' Insurance
Massachusetts Supreme Judicial Court
Action of contract on a policy of insurance, dated December 13th 1854, for “ # 7500 on barque Arctic, and S 7500 on freight of said vessel, at and from Callao to Chincha Islands, and at and from thence to New York, with liberty to stop at a port north of Cape Henry for advice, the assured paying a fair additional premium if such port is used.”
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Action of contract on a policy of insurance, dated December 13th 1854, for “ # 7500 on barque Arctic, and S 7500 on freight of said vessel, at and from Callao to Chincha Islands, and at and from thence to New York, with liberty to stop at a port north of Cape Henry for advice, the assured paying a fair additional premium if such port is used.” After trial before Hoar, J., and verdict for the plaintiffs, the case was reserved for the consideration of the full court, and is stated in the opinion.
1Opinion of the Court
Hoar, J.*
The voyage insured being “from Callao to the Chincha Islands, and from thence to New York,” the vessel sailed from Callao to the Chincha Islands, and having there loaded with a cargo of guano, returned to Callao for a clearance; sailed from Callao for New York ; and having afterward on the voyage encountered the peril against which she was in*465sured, the question is, whether her going to Callao from the islands was a deviation which discharged the underwriters.
Mr. Arnould states the rule thus: “ Where, by the usage of trade, it is customary, in the course of the voyage insured, to stop…
2Cases cited4 opinions
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Vos v. RobinsonNew York Supreme Court · 1812
- Martin v. Delaware Ins.U.S. Circuit Court for the District of Pennsylvania · 1808