Lee v. Massachusetts Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Case upon a policy of insurance, Nov. 3d, 1807, by which the defendants insure for the plaintiffs 10,000 dollars on merchandise on board the ship Meridian.
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Case upon a policy of insurance, Nov. 3d, 1807, by which the defendants insure for the plaintiffs 10,000 dollars on merchandise on board the ship Meridian. The following provision was contained in the policy : — “ And it is hereby agreed, that if the said insured shall have made any other assurance upon the premises aforesaid, prior in date to this policy, then the said insurance company shall be an swerable only for so much as the amount of such prior insurance may be deficient towards fully covering the premises hereby assured ; and the said insurance company shall return the premium upon *…
1Opinion of the CourtSewall, J.
This is an action upon a policy of insurance, dated and made November 3d, 1807, whereby the defendants assured for the plaintiffs 10,000 dollars on merchandise on board the ship Meridian. The dispute more immediately referred to the decision of the Court, upon a state of facts agreed between the parties, respects the sum recoverable upon the policy. The defendants contend that the interest of the plaintiffs in the risk insured had been so far covered hy a policy j. rior in date, that the [ * 214 ] sum *of 10,000 dollars, added to the sum assured in the former policy, exceeded the amount of…
2Cases cited1 opinion
- Aldridge v. StuyvesantThe Superior Court of New York City · 1828
3Cited by8 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Deming & Co. v. Merchants' Cotton-press, etc., Co.Tennessee Supreme Court · 1891
- American Mutual Liability Insurance v. CondonMassachusetts Supreme Judicial Court · 1932
- Levy v. DusenberyCalifornia Court of Appeal · 1916
- Seamans v. LoringU.S. Circuit Court for the District of Massachusetts · 1816
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