Washburn & Moen Manufacturing Co. v. Reliance Marine Insurance
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This was an action at law brought in the Superior Court of Massachusetts for the county of Suffolk, and thence removed into the Circuit Court of the United States for the District of Massachusetts, by the W ash burn and Moen Manufacturing Company against the Reliance Marine Insurance Company (Limited) of London, England, on a policy of marine insurance taken out, March 15, 1893, in the sum of forty-eight…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This was an action at law brought in the Superior Court of Massachusetts for the county of Suffolk, and thence removed into the Circuit Court of the United States for the District of Massachusetts, by the W ash burn and Moen Manufacturing Company against the Reliance Marine Insurance Company (Limited) of London, England, on a policy of marine insurance taken out, March 15, 1893, in the sum of forty-eight thousand, eight hundred dollars, on a cargo of wire shipped from Boston to Yelasco, Texas, on the schooner Benjamin Hale,…
1Opinion of the CourtChief Justice Fuller
By the memorandum, wire of all khids was expressly “ warranted by the assured free from average unless general;” and by the rider, “ free of particular average but liable for absolute total loss of a part if amounting to five per cent.”
The memorandum and marginal clauses were in pari materia- and to be read together. They were not contradictory, and the rider merely operated 'to qualify the memorandum by allowing recovery for an actual total loss in part, which could not otherwise be had. In other words, the qualification was manifestly inserted so that, while conceding that under the…
2Cases cited13 opinions
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Boseman v. Connecticut General Life InsuranceSupreme Court of the United States · 1937
- Fountain & Herrington, Inc. v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1932
- S. B. McMaster, Inc. v. Chevrolet Motor Co.District Court, E.D. South Carolina · 1925
- Niagara Fire Ins. Co. of New York v. Raleigh Hardware Co.Court of Appeals for the Fourth Circuit · 1933
- Republic of China v. National Union Fire InsuranceDistrict Court, D. Maryland · 1957
21 more not listed; retrieve them via the Exa API.