Legal Opinion

Mercantile Marine Insurance v. Clark

Massachusetts Supreme Judicial Court

Decided September 6, 1875PublishedCited by 2 opinions

Contract against William R. Clark and Harrison E. Woodward to recover a proportion of the amount received by them in satisfaction of the judgment in the case of Olarh v. Wilson, 103 Mass. 219. At the trial in this court before Bndieott, J., the case was withdrawn from the jury and reserved for the determination of the full court on a report the substance of which appears m the opinion.

1Opinion of the CourtGray, C. J.

Clark and Woodward, the defendants, holding a bill of sale of a vessel, absolute in form, but intended only as a mortgage, and having never been in possession of the vessel, obtained policies on their interest from three different underwriters; and were held to have such a distinct interest in the vessel as to entitle them to maintain actions thereon against the underwriters for a loss by barratry of the master appointed by the mortgagor, although the policies exempted the underwriters from liability for barratry when the assured was owner of the vessel and appointed the master; Clark v.…

2Cases cited3 opinions

  1. Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
  2. Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
  3. Clark v. Washington InsuranceMassachusetts Supreme Judicial Court · 1868

3Cited by2 opinions

  1. Blake v. Traders' National BankMassachusetts Supreme Judicial Court · 1887
  2. Holbrook v. United StatesUnited States Court of Claims · 1886

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