Bixby v. Franklin Insurance
Massachusetts Supreme Judicial Court
This was assumpsit on a policy of insurance made by the defendants, on the 3d of January, 1825, insuring 1500 dollars on the brig Columbia, valued at 2000 dollars, and 2500 dollars on her cargo, for a voyage from Boston to a port or ports m the island of St. Domingo, and thence to her port of discharge in the United States.
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This was assumpsit on a policy of insurance made by the defendants, on the 3d of January, 1825, insuring 1500 dollars on the brig Columbia, valued at 2000 dollars, and 2500 dollars on her cargo, for a voyage from Boston to a port or ports m the island of St. Domingo, and thence to her port of discharge in the United States. The brig sailed on the voyage on the 7th of January, bound for the city of St. Domingo, as the mate testified, and on the 10th met with a storm, which occasioned the injury for which the loss was claimed. After the weather moderated, she bore up for the most convenient…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. We are of opinion that the proof of property in the vessel insured is sufficient. Holmes, being the owner of one half, could transfer by a contract to sell, accompanied with possession in the purchasers. When he was admitted into the partnership, his moiety of the vessel was turned into the common stock ; the entry in the books of the firm was, between Holmes and his partners, a sufficient transfer ; and the accounts kept of the proceeds of the vessel and of the repairs, prove a use and possession by them, which is at least equivalent to a…
2Cases cited2 opinions
- Locke v. North American InsuranceMassachusetts Supreme Judicial Court · 1816
- Ohl v. Eagle Ins.U.S. Circuit Court for the District of Massachusetts · 1827