Eyre v. Marine Insurance
Supreme Court of Pennsylvania
THIS was an action of debt on a policy of insurance, brought by Manuel Eyre and Charles Massey, trading as Eyre & Massey, against The Marine Insurance Company of Philadelphia.* The case came on for trial before Rogers J. at JVisi Prius, where a verdict was rendered for the defendants.
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THIS was an action of debt on a policy of insurance, brought by Manuel Eyre and Charles Massey, trading as Eyre & Massey, against The Marine Insurance Company of Philadelphia.* The case came on for trial before Rogers J. at JVisi Prius, where a verdict was rendered for the defendants. The plaintiffs gave in evidence a policy of insurance, executed by the defendants on the 10th of November 1837, on the brig Delight, at the rate of 5 per cent., in the sum of 18500, lost or not lost, at and from For and during the term of twelve calendar months, commencing this day at noon, and ending on the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant J.
The plaintiff offers to prove that the voyage insured is known by the name of a trading voyage, and that, by the usage of trade, the vessel may sail for any part of the globe to which she can get a freight, at any time during the twelve months, and continues covered by the policy during such voyage; and that such usage is well known to, and acted upon by the underwriters of this port. We are not able to distinguish this case from the numerous cases decided, in which proof of such a usage has been admitted to vary and control the language…
2Cited by2 opinions
- Adams v. Pittsburgh InsuranceSupreme Court of Pennsylvania · 1880
- Seccomb v. Provincial InsuranceMassachusetts Supreme Judicial Court · 1865