Perkins v. New England Marine Insurance
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance underwritten by the defendants, dated the 2d of February, 1813, for $2250, on a Sidmouth license on board the ship William and Henry, from Boston to Alexandria, the said license valued at $2000. The policy was in the usual printed form, having also the following memorandum attached to it, namely, “ Proposal of Samuel G. Perkins, $2250 on a Sid-mouth license on board the ship William and Henry, Prior, from Boston to Alexandria.
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Assumpsit upon a policy of insurance underwritten by the defendants, dated the 2d of February, 1813, for $2250, on a Sidmouth license on board the ship William and Henry, from Boston to Alexandria, the said license valued at $2000. The policy was in the usual printed form, having also the following memorandum attached to it, namely, “ Proposal of Samuel G. Perkins, $2250 on a Sid-mouth license on board the ship William and Henry, Prior, from Boston to Alexandria. The ship is in ballast, and is chartered or hired to take in a cargo for the Peninsula ; but the license is not filled up at all.…
1Opinion of the CourtPutnam, J.
It has been contended, on the part of the defendants, that this is a double insurance ; the contract on the part of the owners of the ship being, in effect, a prior insurance.
But we are all of opinion that this reasoning is not well founded, even if this contract should be considered, in effect, as an insurance against the risks to be borne by the owners of the ship.
A double insurance is, where one insures the same thing twice over against the same perils. But here the perils undertaken by the owners of the ship are not the same which the defendants assumed. The owners engaged, in effect,…
2Cases cited8 opinions
- The Julia, Luce, MasterSupreme Court of the United States · 1814
- The AriadneSupreme Court of the United States · 1817
- Columbian Insurance v. LynchNew York Supreme Court · 1814
- The Langdon Cheves: LambSupreme Court of the United States · 1819
- The Aurora, Pike, MasterSupreme Court of the United States · 1814
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3Cited by1 opinion
- Roots v. Cincinnati InsuranceOhio Superior Court, Cincinnati · 1856