Legal Opinion

Equitable Insurance Company v. Hearne

Supreme Court of the United States

Decided November 23, 1874No. 52PublishedCited by 24 opinions

.Appeal from the-Circuit Court'for the District of Massachusetts. , The controversy in this'case grew out of a contract of in-1 sura nee upon the same .charter-party as in the preceding case, though here the insurance was by a different .company from [he insurance there.

Read the full summary

.Appeal from the-Circuit Court'for the District of Massachusetts. , The controversy in this'case grew out of a contract of in-1 sura nee upon the same .charter-party as in the preceding case, though here the insurance was by a different .company from [he insurance there. The present case was thus: O.n th$ 2d df May, 1866, Hearne addressed a letter to tbe Equitable Insurance Company as follows: “.'Insure $4000 on the charter-party of the bark'Maria Henry, valued at $16,000,, if you will not ebárge me' more than 3 per cent.; .voyage from Liverpool to Cuba, and to' Europe via Falmouth,..for…

1Opinion of the CourtJustice Swayne

It is not denied'that the correspondence between the parties constituted a-preliminary agreement. Such clearly was its effect. The>policy was-intended to put the contract in a •more -full and formal shape. The assured was-bound to read the letters of the company in reply to his own with care. It is to be presumed he did só. He had a right to assume that the policy would accurately conform to the agreement thus made; and to rest confidently in that belief. It is not' probable that' he scanned the policy with the same vigilance as the letters of . the company. They tended to prevent such…

2Cases cited1 opinion

  1. Dickey v. Baltimore InsuranceSupreme Court of the United States · 1813

3Cited by24 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Harvey v. United StatesSupreme Court of the United States · 1882
  3. Ackerlind v. United StatesSupreme Court of the United States · 1916
  4. Summers v. AlexanderSupreme Court of Oklahoma · 1911
  5. North River Insurance v. AtkinsonSupreme Court of Virginia · 1923

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API