Clark v. Washington Insurance
Massachusetts Supreme Judicial Court
Conteact upon policies of insurance on the schooner Lena issued in February and May 1866, by the defendants in the respective suits to the plaintiffs, Clark & Woodward. The insurance effected by each policy was, among other things, against “barratry of the master, unless the insured be owner of the vessel.”
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Conteact upon policies of insurance on the schooner Lena issued in February and May 1866, by the defendants in the respective suits to the plaintiffs, Clark & Woodward. The insurance effected by each policy was, among other things, against “barratry of the master, unless the insured be owner of the vessel.” At the trial in this court, before Hoar, J., the plaintiffs introduced evidence tending to show that they procured such insurance, and that it was intended for themselves and for the firm of J. Baker & Company; that the schooner Lena was originally owned by Josiah French, to whom advances…
1Opinion of the Court
Chapman, C. J
It appears that the bill of sale from French to the plaintiffs, though absolute in form, was given merely as collateral security for a debt, and that the plaintiffs had never taken possession of the vessel, but French retained possession. Parol evidence is admissible to show the true character of such *512a transaction. Howard v. Odell, 1 Allen, 85. Blanchard v Fearing, 4 Allen, 118.
The plaintiffs had an insurable interest as mortgagees, distinct from that of French. He had no interest in the policy, and they had nó right to charge the premium to him. King v. State Insurance Company,…
2Cited by4 opinions
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- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Ryder v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1869
- Mercantile Marine Insurance v. ClarkMassachusetts Supreme Judicial Court · 1875