Carleton v. China Mutual Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of marine insurance. The case was submitted to the Superior Court, and, after judgment for the plaintiffs in the sum of $718.48, to this court, on appeal by the plaintiffs, upon agreed facts, in substance as follows. The plaintiffs are copartners and shipowners, residing in Rock-port, in the State of Maine, and doing business under the firm name of Carle ton, Norwood, and Company.
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Contract, upon a policy of marine insurance. The case was submitted to the Superior Court, and, after judgment for the plaintiffs in the sum of $718.48, to this court, on appeal by the plaintiffs, upon agreed facts, in substance as follows. The plaintiffs are copartners and shipowners, residing in Rock-port, in the State of Maine, and doing business under the firm name of Carle ton, Norwood, and Company. During the years 1895 and 1896 they were the owners of the American ship William H. Macy, of Rockport. Subject to the objection and exception of the plaintiffs, who contend that the fact is…
1Opinion of the CourtLathrop, J.
The question presented in this case is a very narrow one. It arises under the third part of what is known as the American clause. The history and object of the first two parts are set forth in Ryder v. Phoenix Ins. Co. 98 Mass. 185. Briefly stated, it may be said that by the general maritime law, the French ordinance of 1681, and by the custom of merchants in England in the latter part of the seventeenth century, in the case of two policies upon the same property, the amount of the first of which equalled its full value, that only was binding; and the second underwriter was exempt, and…
2Cases cited5 opinions
- Deming & Co. v. Merchants' Cotton-press, etc., Co.Tennessee Supreme Court · 1891
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
- Brown v. Hartford Insurance Co.U.S. Circuit Court for the District of Connecticut · 1808
- Ryder v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1867
- Potter v. Marine Ins. Co.U.S. Circuit Court for the District of Rhode Island · 1822
3Cited by1 opinion
- Bell v. KirklandSupreme Court of Minnesota · 1907