Dorr v. New England Marine Insurance
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance, by which the defendants caused the plaintiff to be insured 12,800 dollars on a quantity of teas on board the ship Radius, at and from Neto York to Bremen, against the usual perils. The plaintiff demands damages as for a total loss.
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This was an action of the case upon a policy of insurance, by which the defendants caused the plaintiff to be insured 12,800 dollars on a quantity of teas on board the ship Radius, at and from Neto York to Bremen, against the usual perils. The plaintiff demands damages as for a total loss. The cause came before the Court on a case stated, in which it was agreed that the policy was effected, as alleged by the plaintiff; that he was interested in the teas to the amount insured; that the ship sailed on the voyage insured, with the teas on board on freight, March 16th, 1806, and, on the 28th of…
1Opinion of the Court
The Court took time for advisement, and their opinion was after-wards delivered by
Parsons, C. J.
[After stating the facts in the case.] Upon these facts the plaintiff claims to recover a total loss, because the loss was once total; and if it was by any subsequent events turned into a partial loss, he had no intelligence of those events when he made the offer to abandon; and also because the total loss was not in fact reduced to a partial loss by any subsequent events before he made the offer.
[ * 229 ] *The defendants admit a partial loss, but deny a total loss, because the total loss had in…
2Cases cited7 opinions
- Spokane Truck & Dray Co. v. HoeferWashington Supreme Court · 1891
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Dickey v. New York InsuranceNew York Supreme Court · 1825
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Mumford v. ChurchNew York Supreme Court · 1799
- Foster v. DudleySuperior Court of New Hampshire · 1855
- Weston v. MinotU.S. Circuit Court for the District of Massachusetts · 1847