Legal Opinion

Hancox v. Fishing Ins. Co.

U.S. Circuit Court for the District of Massachusetts

Decided January 15, 1838PublishedCited by 8 opinions

Assumpsit on a policy of insurance. The policy was as follows: “The president, &c., of the Fishing Insurance Company, do by these presents, cause Z. Cook, Jr., for F. Hancox, to be insured lost or not lost one thousand dollars on clothes and the proceeds thereof, on board schooner Emily, at and from ^ New York, on the first day of September, at noon, to the South Seas, and elsewhere, for the purpose of taking seals and oil, and to continue to the termination of her voyage at…

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Assumpsit on a policy of insurance. The policy was as follows: “The president, &c., of the Fishing Insurance Company, do by these presents, cause Z. Cook, Jr., for F. Hancox, to be insured lost or not lost one thousand dollars on clothes and the proceeds thereof, on board schooner Emily, at and from ^ New York, on the first day of September, at noon, to the South Seas, and elsewhere, for the purpose of taking seals and oil, and to continue to the termination of her voyage at any port in the United States, with general liberty and the privilege of taking skins and procuring refreshments, and…

1Opinion of the Court

STORY, Circuit Justice.

The questions arising upon this policy are of a somewhat novel character. The insurance- is upon “clothes and the proceeds thereof,” on a sealing voyage for seals and oil, in the South Seas, and back to the United States. In the course of the voyage, the schooner was shipwrecked on Refreshment Island, one of the group of the Tristan d’Acunha Islands, in the South Seas; and the vessel and cargo, then consisting of about ninety barrels of whale and elephant oil, and thirty-sis: seal-skins, were totally lost, with the exception of the thirty-six seal-skins, about fifty…

2Cases cited2 opinions

  1. Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
  2. Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812

3Cited by8 opinions

  1. Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
  2. Hooper v. RobinsonSupreme Court of the United States · 1879
  3. Frank B. Hall &. Co. v. Jefferson Ins.District Court, S.D. New York · 1921
  4. Trade Insurance v. BarracliffSupreme Court of New Jersey · 1883
  5. Louden v. WaddleSupreme Court of Pennsylvania · 1881

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