Dumas v. Jones
Massachusetts Supreme Judicial Court
Case upon a policy of insurance dated January 21, 1804, whereby the plaintiff, by his agent Benjamin Watkins, caused himself to be insured the sum of 5000 dollars on the freight of the brigantine Rose, valued at the sum insured, at and from' Jeremie, in Hispaniola, to Philadelphia, for a premium of twelve per cent. The plaintiff declared as for a total loss by capture and condemnation under the authority of the French government.
Read the full summary
Case upon a policy of insurance dated January 21, 1804, whereby the plaintiff, by his agent Benjamin Watkins, caused himself to be insured the sum of 5000 dollars on the freight of the brigantine Rose, valued at the sum insured, at and from' Jeremie, in Hispaniola, to Philadelphia, for a premium of twelve per cent. The plaintiff declared as for a total loss by capture and condemnation under the authority of the French government. There was also a count for money had and received. At the trial, which was had before Sewall, J., at the sittings after November term, 1806, it appeared that the…
1Opinion of the Court
The action stood continued for advisement, and now the opinion of the Court, viz., Sedgwick, Sewall and Parker, justices, was delivered by
Parker, J.
This action is brought to recover the sum subscribed by the defendant on a policy of insurance, whereby the sum of 5000 dollars was insured, on the freight of the brig Rose, for the plaintiff alone, at and from Hispaniola to Philadelphia. The defendant underwrote 1000 dollars, after five other underwriters had subscribed the sum of 2500 dollars. The freight is valued in the policy at 5000 dollars. The vessel and freight were totally lost by means…
2Cases cited1 opinion
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
3Cited by8 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
- Mussey v. . the Atlas Mutual Insurance CompanyNew York Court of Appeals · 1856
- Insurance Co. v. SmithSupreme Court of Pennsylvania · 1838
3 more not listed; retrieve them via the Exa API.