Legal Opinion

Greely v. Tremont Insurance

Massachusetts Supreme Judicial Court

Decided March 15, 1852Published

This was an action of assumpsit, brought in this court, on a policy of insurance, made by the defendants, dated November 7, 1845, whereby they insured the plaintiffs, in the sum of $2,250, on one half of the brig Napoleon, for one year from the 8th day of November, 1845. The brig was valued at $4,500, and the policy was in the usual form of Boston policies. The interest of the plaintiffs was admitted, and the following facts were agreed upon by the parties.

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This was an action of assumpsit, brought in this court, on a policy of insurance, made by the defendants, dated November 7, 1845, whereby they insured the plaintiffs, in the sum of $2,250, on one half of the brig Napoleon, for one year from the 8th day of November, 1845. The brig was valued at $4,500, and the policy was in the usual form of Boston policies. The interest of the plaintiffs was admitted, and the following facts were agreed upon by the parties. In October, 1846, the brig sailed from Boston for Havana, where she arrived, and afterwards sailed thence for Cardenas, in ballast,…

1Opinion of the CourtShaw, C. J.

This is an action of assumpsit on a policy of insurance on the brig Napoleon, whereby she was insured to the plaintiffs for one year, from the 8th of November, 1845, for $>2,250, being one half of the value.

On a voyage within the time, from Havana to Cardenas, in Cuba, in ballast and without cargo, on the expectation, caused by a letter, of receiving a freight there, she encountered *418a severe gale, in which she lost her maintopsail, and was thrown on her beam ends, in consequence of which it became necessary to cut away her masts, which, with the rigging attached thereto, were lost, and caused…

2Cases cited4 opinions

  1. Maggrath v. ChurchNew York Supreme Court · 1803
  2. Potter v. Providence Washington Ins.U.S. Circuit Court for the District of Rhode Island · 1826
  3. Watson v. Marine InsuranceNew York Supreme Court · 1810
  4. Pezant v. National InsuranceNew York Supreme Court · 1836

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