Legal Opinion

Bramhall v. Sun Mutual Insurance

Massachusetts Supreme Judicial Court

Decided March 15, 1870PublishedCited by 2 opinions

Contract on a policy of insurance on the ship George Washington, for a voyage from Liverpool to the Chincha Islands “ and thence to a port of discharge in Spain,” and to continue until she should be safely arrived at such port of discharge and be moored twenty-four hours in good safety.

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Contract on a policy of insurance on the ship George Washington, for a voyage from Liverpool to the Chincha Islands “ and thence to a port of discharge in Spain,” and to continue until she should be safely arrived at such port of discharge and be moored twenty-four hours in good safety. The case was submitted to the judgment of the court on agreed facte, of which the material parts were as follows : “ In the prosecution of this voyage, the ship sailed from the Chincha Islands, with a cargo of guano, to Valencia in Spain, to discharge, where she arrived at her anchorage on February 5, 1867.…

1Opinion of the CourtGray, J.

A vessel arrives at a port of discharge when she arrives at any place at which it is usual to discharge cargo, and to which she is destined for the purpose of discharging cargo. Upon her arrival at that place, a policy insuring her until arrival at a port of discharge terminates, and cannot be extended or revived, after she has discharged part of her cargo there, by her removal to another port, or to another place in the same port, either for the purpose of discharging the rest of her cargo, or for any other purpose. This rule has long been established, so far as to exclude the continuance of…

2Cases cited3 opinions

  1. De Longuemere v. New-York Fire InsuranceNew York Supreme Court · 1813
  2. Dickey v. United InsuranceNew York Supreme Court · 1814
  3. Bill v. MasonMassachusetts Supreme Judicial Court · 1810

3Cited by2 opinions

  1. Rodee v. Detroit Fire & Marine InsuranceNew York Supreme Court · 1893
  2. Simpson v. Pacific Mut. Ins.U.S. Circuit Court for the District of Massachusetts · 1872

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