Lewis v. Thatcher
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, “ on property on board the Swedish brig Sophia, from Hayti to her port of discharge in the United States; ” the plaintiffs declaring for a total loss, by capture and condemnation by the British.
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Assumpsit on a policy of insurance, “ on property on board the Swedish brig Sophia, from Hayti to her port of discharge in the United States; ” the plaintiffs declaring for a total loss, by capture and condemnation by the British. At the trial of the action before the Chief Justice, the jury found specially, “ that the brig Sophia, mentioned in the policy declared on, was, at the time the policy was made, and at the time of the capture alleged, regularly documented as a Swedish vessel"; but that she was, in point of fact, at the said time, the property of American citizens, and was so…
1Opinion of the CourtParker, C. J.
In the case of Higgins vs. Livermore, 14 Mass. R. 106, which was a policy upon the same vessel, it was determined that the phrase, “ Swedish brig Sophia,” amounted to a warranty that the vessel was in fact a Swede, or at least that she was regularly documented as such. This qualification of the opinion was unfortunate, as it probably led to the present action—in which an attempt is made to recover, although it is agreed that the vessel belonged to American citizens, and was only colorably furnished with the documents tending to prove her a Swede.
We are all of opinion that the warranty is…
2Cases cited7 opinions
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Barker v. Phoenix InsuranceNew York Supreme Court · 1811
- Goix v. LowNew York Supreme Court · 1800
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
- Higgins v. LivermoreMassachusetts Supreme Judicial Court · 1817
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- Kelsey v. Continental Casualty Co.Supreme Court of Iowa · 1906
- Van Hoesen v. CameronMichigan Supreme Court · 1884
- Higgins v. LivermoreMassachusetts Supreme Judicial Court · 1817
3 more not listed; retrieve them via the Exa API.