Merrill v. Boylston Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, by which the defendants insured the plaintiff in the sum of $6000, to wit: “ $2000 on freight of ship Abby Langdon at and from Newport to Point de Galle, and at and thence to Akyab; also $4000 on freight of said ship at and from Akyab to port of discharge in the Kingdom of Great Britain.”
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Contract upon a policy of insurance, by which the defendants insured the plaintiff in the sum of $6000, to wit: “ $2000 on freight of ship Abby Langdon at and from Newport to Point de Galle, and at and thence to Akyab; also $4000 on freight of said ship at and from Akyab to port of discharge in the Kingdom of Great Britain.” The case was submitted to the court upon the following facts: The ship performed her voyage to Akyab, and while lying there the master entered into a written contract of affreightment by which he agreed to take on board a cargo of rice and proceed to Queenstown or…
1Opinion of the CourtDewey, J.
The question is, whether this loss happened in the course of the voyage insured, and while the same was covered by the policy.
Certain general principles will be found, we think, to have been settled in the adjudicated cases, which will reduce the question now before us to a narrow compass. A well settled distinction exists between the cases of a purposed deviation and an abandonment of the voyage. As respects an intention to deviate, if the loss occurs before an actual deviation, the underwriter is not discharged. An abandonment of the voyage, and the substitution of another and different…
2Cases cited4 opinions
- Ma. In. Co. of Alexandria v. J. and Jh TuckerSupreme Court of the United States · 1806
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- New-York Firemen Insurance v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1816
- Stocker v. HarrisMassachusetts Supreme Judicial Court · 1807