Folsom v. Merchants' Mut. Mar. Ins.
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J., presiding. Assumpsit on a policy of insurance made to the plaintiffs on May 17, 1852, “ on account of whom it may concern, loss payable to them,” on the outfits of schooner Pilot, for a fishing voyage to the “ Banks” and back to port of discharge in the U. S. The writ contained several counts, one of which averred that the insurance would be collected by plaintiffs, as agents and merchants, for owners of said Pilot, to whom the…
Read the full summary
On Exceptions from Nisi Prius, Appleton, J., presiding. Assumpsit on a policy of insurance made to the plaintiffs on May 17, 1852, “ on account of whom it may concern, loss payable to them,” on the outfits of schooner Pilot, for a fishing voyage to the “ Banks” and back to port of discharge in the U. S. The writ contained several counts, one of which averred that the insurance would be collected by plaintiffs, as agents and merchants, for owners of said Pilot, to whom the same may in law belong, subject to the plaintiffs’ lien thereon. The policy was read and a demand upon defendants…
1Opinion of the CourtTenney, J.
— Two material questions are presented by the exceptions. First, had the plaintiffs any insurable interest in the property described by the policy at the time of its execution, and at the time of the loss of the property? Second, had the plaintiffs so conducted in reference to the property, that they were guilty of a deviation in the voyage ?
1. The attempted insurance was upon the outfits of the fishing schooner Pilot, bound to the Banks. This does not embrace goods, as a part of the cargo, but in a fishing voyage consists principally in the apparatus and instruments necessary for the taking…
2Cases cited5 opinions
- Sayward v. CarlsonWashington Supreme Court · 1890
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
- Pettygrove v. RothschildWashington Supreme Court · 1891
- Manly v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1812
- Murray v. Columbian InsuranceNew York Supreme Court · 1809