St. Loe Livermore v. Newburyport Marine Insurance
Massachusetts Supreme Judicial Court
The Court having determined that the defendants were answerable only for a partial loss, and they having been defaulted according to the agreement of the parties, (a) assessors were appointed by the Court to ascertain the plaintiff’s damages, who reported, as follows: — “ We, the subscribers, assessors, &c., have met, and fully heard the parties on the matters referred to us, and we find [ * 233 ] * that the whole loss on the vessel and cargo, insured by the policy in the…
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The Court having determined that the defendants were answerable only for a partial loss, and they having been defaulted according to the agreement of the parties, (a) assessors were appointed by the Court to ascertain the plaintiff’s damages, who reported, as follows: — “ We, the subscribers, assessors, &c., have met, and fully heard the parties on the matters referred to us, and we find [ * 233 ] * that the whole loss on the vessel and cargo, insured by the policy in the case, amounts to 792 dollars, together with the further sum of 177 dollars 21 cents for interest, from the 1st day of…
1Opinion of the CourtParker, J.
I really perceive no question in this case. It was the express agreement of the parties in the policy that this premium should be deducted out of any loss that might be claimed. There was then no need of filing it, or pleading it by way of set-off, as is necessary in case of independent demands. This demand is connected with that of the plaintiff, and the court or jury would receive evidence of it in inquiring of the damages after a default. There is no suggestion that this premium has been paid. I am therefore for allowing it to be deducted from the amount of the loss.
Sewall, J.
It appears to…
2Cases cited1 opinion
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
- Dodge v. Union Marine InsuranceMassachusetts Supreme Judicial Court · 1821