Lovering v. Mercantile Marine Insurance
Massachusetts Supreme Judicial Court
This was assumpsit on a policy of insurance, dated October 31, 1825, and underwritten by the defendants, for the sum of 11,000 dollars, on the brig Leonidas, valued at that sum, to, at and from all ports and places to which she might proceed, for and during the term of twelve months, (commencing on December 29, 1825,) or until her arrival at a port of discharge in the United States, at the rate of 4| per cent, per annum, warranting 2| per cent, for six months ; additional or…
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This was assumpsit on a policy of insurance, dated October 31, 1825, and underwritten by the defendants, for the sum of 11,000 dollars, on the brig Leonidas, valued at that sum, to, at and from all ports and places to which she might proceed, for and during the term of twelve months, (commencing on December 29, 1825,) or until her arrival at a port of discharge in the United States, at the rate of 4| per cent, per annum, warranting 2| per cent, for six months ; additional or return premium to be pro rata as 4| per cent, is for twelve months. In the policy, “ it is also agreed, that in case of…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This is *361an action upon a policy of insurance, in which the plaintiff claims to recover for a total loss. It is not the intention of the Court now to give a final and definitive opinion upon the whole case, the facts reported not being sufficiently full and complete for that purpose ; but having formed opinions upon several of the questions raised in the report and discussed in the argument, on those points the Court will now state the result.
The main question is upon the plaintiff’s right to recover for a total loss. The policy was on the brig…
2Cases cited7 opinions
- The PalmyraSupreme Court of the United States · 1827
- General Interest Insurance v. RugglesSupreme Court of the United States · 1827
- Ocean Insurance v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 1828
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Pitney v. LeonardNew York Court of Chancery · 1829
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