Rogers v. Mechanics' Ins. Co.
U.S. Circuit Court for the District of Massachusetts
This was an action of assumpsit [by Robert Rogers against the Mechanics’ Insurance Company] on a policy of insurance, dated the 23d of August, 183S, whereby the Mechanics’ Insurance Company, of New Bedford, insured ten thousand dollars on the bark America and outfits, from Bristol, Rhode Island, on a whaling voyage, until her return to Bristol, with liberty to touch at all ports and places for refreshments, and to sell catchings.
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This was an action of assumpsit [by Robert Rogers against the Mechanics’ Insurance Company] on a policy of insurance, dated the 23d of August, 183S, whereby the Mechanics’ Insurance Company, of New Bedford, insured ten thousand dollars on the bark America and outfits, from Bristol, Rhode Island, on a whaling voyage, until her return to Bristol, with liberty to touch at all ports and places for refreshments, and to sell catchings. The policy also contained a stipulation, that one fourth of the catchings should replace the outfits consumed; except that catchings, shipped from the Cape de Verds…
1Opinion of the Court
STORY, Circuit Justice.
It does not strike me, that, upon the evidence produced by the defendants, it is possible to maintain the doctrine, contended for by their counsel. Nearly every witness, whose deposition is in the case, has testified', that the blubber in the present case is, in his opinion, “catch-tags,” in the .sense of that word, as it is understood in the whaling business. Most of the witnesses have added, that they should have considered, the blanket pieces (as they are called), of the whale, when cut from the whale, and put on the deck of the ship, also as “eatehings.” And some of…
2Cited by9 opinions
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Cranmer v. KohnSouth Dakota Supreme Court · 1895
- Taber v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1881
- Hale Bros. v. MillikenCalifornia Court of Appeal · 1907
- Parkhurst v. Gloucester Mutual Fishing InsuranceMassachusetts Supreme Judicial Court · 1868
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