Welles v. Gray
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance upon the cargo of the brig Caroline, at and from Boston to the Island of Sicily, effected in the office kept by Charles Bradbury, on the 30th of March, 1809. The policy was effected in the names of the plaintiffs, for 14,500 dollars, and the defendant subscribed 3,500 dollars.
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This was an action of the case upon a policy of insurance upon the cargo of the brig Caroline, at and from Boston to the Island of Sicily, effected in the office kept by Charles Bradbury, on the 30th of March, 1809. The policy was effected in the names of the plaintiffs, for 14,500 dollars, and the defendant subscribed 3,500 dollars. The action was tried on the general issue, November term, 1811, before Parker, J., from whose report it appears that the vessel and cargo, on the voyage to Messina, in Sicily, were seized and taken possession of by a French privateer, and carried into Naples, a…
1Opinion of the Court
By the Court.
We have no doubt of the authority of the super cargo, in the circumstances the property was found to be in, to make the compromise; and a reasonable compromise, so made, is binding on the underwriters, (a)
As to the question of over insurance, we are of opinion, that the plaintiffs have a right to appropriate the several policies so as to cover the property insured, belonging to the respective persons concerned. The defendant’s claim to an allowance on this ground is, therefore, not supported, (b)
*54The loss, in this case, is to be considered as a partial loss of two thirds of the…
2Cases cited1 opinion
- Flemming v. Marine InsuranceSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Bedford Commercial Insurance v. ParkerMassachusetts Supreme Judicial Court · 1823