Taggard v. Loring
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance upon 500 barrels of flour, on board the schooner Blucher, at and from Newcastle on the Delaware to Boston. The policy was dated February 12th, 1816, and the vessel warranted to have been at Newcastle on the 1st of January preceding. There were several counts in the declaration; but the only one relied on was that, in which the loss is averred to have arisen from the barratry of the master, the insured not being the owner of the vessel.
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Assumpsit on a policy of insurance upon 500 barrels of flour, on board the schooner Blucher, at and from Newcastle on the Delaware to Boston. The policy was dated February 12th, 1816, and the vessel warranted to have been at Newcastle on the 1st of January preceding. There were several counts in the declaration; but the only one relied on was that, in which the loss is averred to have arisen from the barratry of the master, the insured not being the owner of the vessel. The barratry was clearly proved at the trial before the chief justice, so as to entitle the plaintiffs to recover for a…
1Opinion of the CourtParker, C. J.
The general question is, whether the case contains proof of barratry, committed by the master of the vessel, on which the goods insured were shipped. If it does, the defendant is answerable, the plaintiffs not being owners of the vessel.
The misconduct of the master was undoubtedly barratrous; unless he was himself the owner, so that barratry, technically considered, could not be committed by him. .He, was, however, owner pro hac vice, unless a charter-party, or some instrument in writing, be necessary to make him such; because, according to the terms of the parole contract, he had possession…
2Cases cited1 opinion
- Ohl v. Eagle Ins.U.S. Circuit Court for the District of Massachusetts · 1827
3Cited by31 opinions
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Certain Logs of MahoganyU.S. Circuit Court for the District of Massachusetts · 1837
- Fontaine v. BeersSupreme Court of Alabama · 1851
- Nelson v. Western Steam Navigation Co.Washington Supreme Court · 1909
- Adams v. AugustineMassachusetts Supreme Judicial Court · 1907
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