Bedford Commercial Insurance v. Parker
Massachusetts Supreme Judicial Court
This was an action of assumpsit to recover a proportion of expenses incurred by the plaintiffs in getting off and se curing the ship Phoenix and her cargo, belonging to the defen(jantSj the ship having been stranded. At the trial, before Parker C. J., at April term 1823, at Taunton, the following facts were proved. The ship was insured by the plaintiffs in July, 1821, at and from James River to ports in Europe, and back to her port of discharge in the United States.
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This was an action of assumpsit to recover a proportion of expenses incurred by the plaintiffs in getting off and se curing the ship Phoenix and her cargo, belonging to the defen(jantSj the ship having been stranded. At the trial, before Parker C. J., at April term 1823, at Taunton, the following facts were proved. The ship was insured by the plaintiffs in July, 1821, at and from James River to ports in Europe, and back to her port of discharge in the United States. On her homeward voyage she struck, in the month of November, 1821,. on a reef of rocks outside of the harbour of New Bedford, at…
1Opinion of the Court
Parker C. J.
This case presents a question which we do not find to have been decided in this State, in New York, or in England ; and what is quite as remarkable, on inquiry among the underwriters of the city of Boston, it appears that >t is considered a new question by them, cases of the kind either not having occurred, or having been settled without dispute, upon principles of compromise. We must therefore now settle the question, without precedent or practice to guide us, and must be governed by those principles which will be most conformable to analogous cases in the law merchant.
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2Cases cited3 opinions
- Clark v. United Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1811
- Lewis v. WilliamsThe Superior Court of New York City · 1829
- Welles v. GrayMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Thompson v. Inhabitants of BoltonMassachusetts Supreme Judicial Court · 1908