Finney v. Bedford Commercial Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated. December 19th 1839, in these words: “ The President and Directors of the Bedford Commercial Insurance Company do, by these presents, cause John S. Bates to be assured, lost or not lost, fourteen hundred dollars on the outfits of barque Volante, from Rochester to wherever she may go on a whaling voyage, with liberty to touch at all ports or places for refreshments, and back to Rochester, commencing the risk the 13th day of October…
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Assumpsit on a policy of insurance, dated. December 19th 1839, in these words: “ The President and Directors of the Bedford Commercial Insurance Company do, by these presents, cause John S. Bates to be assured, lost or not lost, fourteen hundred dollars on the outfits of barque Volante, from Rochester to wherever she may go on a whaling voyage, with liberty to touch at all ports or places for refreshments, and back to Rochester, commencing the risk the 13th day of October 1839.” At the trial before Hubbard, J. the plaintiffs offered to prove that the barque and her outfits, mentioned in the…
1Opinion of the CourtDewey, J.
The question here presented is, not as to the competency of John S. Bates to effect an insurance for the benefit of all his associates, who were interested in the property which was the subject of the insurance, but whether, upon the face of this policy, and the terms of this contract of insurance, the legal effect is not to restrict the insurance to the sole interest of Bates. It may at once be conceded, that it was competent for Bates to effect such insurance on the entire interest of all concerned, if either previously authorized by the co-owners, or if they elected to ratify his act, even…
2Cases cited4 opinions
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Webber v. WebberCourt of Appeals of Kentucky · 1858
- Turner v. BurrowsNew York Supreme Court · 1830
- Murray v. Columbian InsuranceNew York Supreme Court · 1814