Cleveland v. Union Insurance
Massachusetts Supreme Judicial Court
The plaintiffs declare in an action of the case, first upon a policy of insurance upon the brig Liberty, her cargo and outfits, of which a total loss by capture in the voyage insured is averred. The second count is for money laid out and expended.
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The plaintiffs declare in an action of the case, first upon a policy of insurance upon the brig Liberty, her cargo and outfits, of which a total loss by capture in the voyage insured is averred. The second count is for money laid out and expended. A trial was had at the sittings here after the last November term,' before Sewall, J., and a verdict taken for the plaintiffs, in which the damages were assessed for the value of the vessel as insured, for u quantity of provisions and salt on board belonging to the owners, and for expenses incurred in claiming the vessel, when libelled in…
1Opinion of the Court
The action stood continued nisi after the argument, and at the following March term in Suffolk, the opinion of the Court, (except the Chief Justice and Thatcher,„ J., neither of them having been present at the argument, and Sewall, J., dissenting,) was delivered as follows by
Sedgwick, J.
There are several objections made, as reasons why judgment should not be rendered on the verdict found in this case.
The first, as I understand it, is founded on the unusual terms of the policy, as descriptive of the voyage insured. The insurance, in this respect, is certainly unusual; and, as far as I know,…
2Cases cited1 opinion
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
3Cited by15 opinions
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
- Swan v. The Union Insurance Company of MarylandSupreme Court of the United States · 1818
- Standard Marine Ins. Co. v. Nome Beach Lighterage & Transportation Co.Court of Appeals for the Ninth Circuit · 1904
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