Lee v. Boardman
Massachusetts Supreme Judicial Court
This was an action pending in Suffolk, upon a policy of insurance upon the ship Elizabeth, her appurtenances and outfits, and on he freight from Boston, to one or more ports beyond the Cape of Good Hope, one or more times, for the purpose of procuring a homeward cargo, and at and from thence to her port of discharge in Europe, or the United States, with liberty to touch at the usua. places, for refreshments, &c. 7000 dollars were insured, viz., 4500 on the ship and…
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This was an action pending in Suffolk, upon a policy of insurance upon the ship Elizabeth, her appurtenances and outfits, and on he freight from Boston, to one or more ports beyond the Cape of Good Hope, one or more times, for the purpose of procuring a homeward cargo, and at and from thence to her port of discharge in Europe, or the United States, with liberty to touch at the usua. places, for refreshments, &c. 7000 dollars were insured, viz., 4500 on the ship and appurtenances, and 2500 on the freight. The loss to be paid in sixty days after proof. It was agreed that the freight was not…
1Opinion of the Court
The action was continued nisi, and now, at this term, the opinion of the Court was delivered by
Parker, J.
[after reciting the facts.] Upon this state of facts, the plaintiff claims to recover, as for a total loss of ship and freight, upon the ground that his offer to abandon on the 25th of March while the ship was actually in possession of the captors, and undei legal process in the Admiralty Court, vested in him a perfect right to recover, which could not be impaired by any subsequent event not within his agency and control, and not produced by his consent.
The defendant denies that there ever…
2Cases cited3 opinions
- Jumel & Desobry v. Marine InsuranceNew York Supreme Court · 1811
- M'Bride v. Marine InsuranceNew York Supreme Court · 1810
- Law v. GoddardMassachusetts Supreme Judicial Court · 1815
3Cited by9 opinions
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Pape v. Home Ins. Co.Court of Appeals for the Second Circuit · 1943
- Rice v. HomerMassachusetts Supreme Judicial Court · 1815
- Merchants Insurance Co. v. EdmondSupreme Court of Virginia · 1866
- Mumford v. ChurchNew York Supreme Court · 1799
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