Fay v. Alliance Insurance
Massachusetts Supreme Judicial Court
Action of contract on a policy of insurance for $ 12,500 upon the freight of ship Columbia, valued at $ 25,000, “ at and from New York to port of discharge in Australia”; payable, in case of loss, in sixty days after proof and adjustment thereof.
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Action of contract on a policy of insurance for $ 12,500 upon the freight of ship Columbia, valued at $ 25,000, “ at and from New York to port of discharge in Australia”; payable, in case of loss, in sixty days after proof and adjustment thereof. At the trial before Hoar, J., it appeared that the ship arrived at Geelong in the bay of Port Philip, and there discharged the part of her cargo consigned to Geelong and received the freight thereon; a fortnight afterwards proceeded to Hobson’s Bay with the rest of her cargo, which was consigned to that place, and there discharged part of it; that…
1Opinion of the CourtHoar, J.
The rule for the assessment of damages, which was adopted for the purposes of the trial, was erroneous. This was a case of partial loss, and the underwriters were responsible only for the proportion of the amount of the entire valuation of freight in the policy, which the freight actually lost by the peril insured against bore to the actual value of the entire freight. 1 Arnould Ins. 305. Forbes v. Aspinall, 13 East, 327. Wolcott v. Eagle Ins. Co. 4 Pick. 436. The rule adopted at the trial would deprive the defendants of the whole benefit of the valuation in the policy, as applicable to the…
2Cases cited5 opinions
- Parks v. RossSupreme Court of the United States · 1851
- Vos v. RobinsonNew York Supreme Court · 1812
- Brittan v. BarnabySupreme Court of the United States · 1859
- King v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
- Coolidge v. GrayMassachusetts Supreme Judicial Court · 1812