Martin v. Fishing Insurance
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance, dated July 23, 1835,.by which the defendants caused the plaintiff, for whom it concerned, to be assured, lost or not lost, in the sum of $2000, payable to him, “ on the brig Helen, at and from Cal-' ais, Maine, on the 16th day of July, at noon, to, at and from all ports and places to which she may proceed in thr. coasting business for six months ending the 16th day of January 1836, at noon, (prohibiting all ports- in North Carolina…
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Assumpsit upon a policy of insurance, dated July 23, 1835,.by which the defendants caused the plaintiff, for whom it concerned, to be assured, lost or not lost, in the sum of $2000, payable to him, “ on the brig Helen, at and from Cal-' ais, Maine, on the 16th day of July, at noon, to, at and from all ports and places to which she may proceed in thr. coasting business for six months ending the 16th day of January 1836, at noon, (prohibiting all ports- in North Carolina except Wilmington,) the company not to be liable for any damage to or from her sheathing, nor for partial loss under ten per…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. The loss alleged in this case is admitted, or not denied ; and several objections have been made to the payment of it by the defendants, which will now be considered. No fraud on the part of the plaintiff is suggested ; no concealment is pretended.
It was.insisted for the defendants, that there was a warranty that the vessel was sheathed. The words in the policy which are relied upon are, the “ company not liable for any damage to or from her sheathing.” The report thus states this part of the case. “ It being proved that the vessel was not sheathed…
2Cases cited2 opinions
- Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Manly v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1812