Dunning v. Merchants Mutual Marine Insurance
Supreme Judicial Court of Maine
On exceptions and motion. Assumpsit to recover the sum of $1,250 insurance on the vessel, .and $1,500 on the freight of the bark John Curtis. It appeared that the vessel was of 589 tons burden, and valued in the policy at the sum of $20,000. The freight was valued at ■ $8,000- No question was made as to the value of the plaintiff’s interest !in ;the vessel and freight, execution of the policy, proof of loss, or the reasonable commencement of the action.
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On exceptions and motion. Assumpsit to recover the sum of $1,250 insurance on the vessel, .and $1,500 on the freight of the bark John Curtis. It appeared that the vessel was of 589 tons burden, and valued in the policy at the sum of $20,000. The freight was valued at ■ $8,000- No question was made as to the value of the plaintiff’s interest !in ;the vessel and freight, execution of the policy, proof of loss, or the reasonable commencement of the action. It appeared that in May, 1866, the bark, properly manned and seaworthy, sailed in ballast from New Orleans to Havana, where she effected a…
1Opinion of the CourtDickerson, J.
Assumpsit on a policy of marine insurance on *113vessel and freight. The verdict was for the plaintiff, and the case is presented on exceptions and motions.
The first instruction complained of is as follows: “ the plaintiff is entitled to recover, as for a total loss, if the jury are satisfied that the sale by the master was justifiable under the circumstances of the case as proved.” This was equivalent to saying to the jury that there was sufficient evidence to justify a sale by necessity, if the jury should be satisfied of its truth. Whether a sale is justifiable from necessity is a mixed…
2Cases cited7 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- The AuroraSupreme Court of the United States · 1816
- Stephenson v. Piscataqua Fire & Marine InsuranceSupreme Judicial Court of Maine · 1866
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- Field v. MoulsonU.S. Circuit Court for the District of Pennsylvania · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kalua v. CamarinosHawaii Supreme Court · 1898