Baxter v. New England Marine Insurance
Massachusetts Supreme Judicial Court
This was an action of assumpsit brought to recover the sum insured for the plaintiffs, by the defendants, on the brig Rover, her appurtenances and cargo, at and from Boston to Marseilles, with liberty to stop at any port for the purpose of disposing of the outward, and procuring a return cargo, and at and from thence to Boston. The declaration was for a total loss by capture and con demnation.
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This was an action of assumpsit brought to recover the sum insured for the plaintiffs, by the defendants, on the brig Rover, her appurtenances and cargo, at and from Boston to Marseilles, with liberty to stop at any port for the purpose of disposing of the outward, and procuring a return cargo, and at and from thence to Boston. The declaration was for a total loss by capture and con demnation. At the trial, which was had upon a review, before Parker, J., November term, 1808, the interest of the plaintiffs to the amount insured was admitted, and it was proved that soon after leaving Cadiz,…
1Opinion of the CourtSedgwick, J.
There is no question of the right of the plaintiffs to recover in this case, provided the defendants fail in their defence The interest of the plaintiffs and the loss by capture, as alleged, were admitted at the trial. The defendants produced a sentence or decree of the Court of Vice-Admiralty at Gibraltar, declaring the brigantine and cargo insured to be subject and liable to confiscation for a breach of the blockade of Cadiz, by egress, and for other sufficient reasons, and condemning the same as good and lawful prize.
There is no doubt that if, during the voyage insured, the captair *230attempte…
2Cases cited4 opinions
- Croudson v. LeonardSupreme Court of the United States · 1808
- Ocean Insurance v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 1828
- Radcliff v. United InsuranceNew York Supreme Court · 1812
- Heard v. EvansMississippi Chancery Courts · 1844
3Cited by16 opinions
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Andrews v. HerriotNew York Supreme Court · 1825
- Stolte v. KarrenCourt of Appeals of Texas · 1916
- Kilheffer v. HerrSupreme Court of Pennsylvania · 1828
- Ocean Insurance v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 1828
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