Robinson v. Jones
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated September 26th, 1808, on the ship Franklin and her freight from New London to Martinico, and at and from thence to her port of discharge in the United States; 15,000 dollars on the vessel, and 1000 dollars on freight, against the usual risks.
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Assumpsit on a policy of insurance, dated September 26th, 1808, on the ship Franklin and her freight from New London to Martinico, and at and from thence to her port of discharge in the United States; 15,000 dollars on the vessel, and 1000 dollars on freight, against the usual risks. Trial was had upon the general issue, November term, 1810, before Parker, J., from whose report of the evidence at the trial it appears, that the ship sailed from New London on the 11th of August, 1808, and arrived at Martinico on the, 10th of September following. On the first of the ensuing November she was…
1Opinion of the Court
Parsons, C. J.,
pronounced his opinion to the following effect. We all concur in the opinion, that there must be a new trial in this case on account of the misdirection of the judge who sat in the trial, with respect to the legal effects of a rescue. We cannot admit the doctrine, that the crew of a neutral vessel may determine for themselves, that an arrest made by a belligerent is without color of right, and in consequence of such determination may forcibly regain possession of the vessel.
The belligerent having a right, by the law of nations, to visit and search neutral vessels, to prevent…
2Cases cited1 opinion
- Baxter v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1810
3Cited by8 opinions
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Andrews v. HerriotNew York Supreme Court · 1825
- Commonwealth v. KaterMassachusetts Supreme Judicial Court · 1991
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
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