Emery v. Boston Marine Insurance
Massachusetts Supreme Judicial Court
Contract. The declaration alleged that the defendant made to the plaintiff an open policy of insurance, a copy of which was annexed; that, afterwards, to wit, on or about August 4, 1882, and September 5, 1882, the defendant insured the plaintiff under said policy, against the perils therein mentioned, on the cargo of the barque Bridgeport, then being laden at New Orleans, consisting of hard wood, to wit, black-walnut, ash, and cypress, in the sum of $10,000, on a voyage from…
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Contract. The declaration alleged that the defendant made to the plaintiff an open policy of insurance, a copy of which was annexed; that, afterwards, to wit, on or about August 4, 1882, and September 5, 1882, the defendant insured the plaintiff under said policy, against the perils therein mentioned, on the cargo of the barque Bridgeport, then being laden at New Orleans, consisting of hard wood, to wit, black-walnut, ash, and cypress, in the sum of $10,000, on a voyage from New Orleans to Boston, which risk the defendant accepted and agreed to indorse upon said open policy; that the vessel…
1Opinion of the CourtC. Allen, J.
The plaintiff sought to escape from the effect of the provision in the policy, “ no risk to be binding until accepted by the company and indorsed herein,” by proof of an oral contract; and the defendant, while denying that such oral contract had been made, sought to "confirm its view by calling a witness familiar with the customs and usages of the business of marine insurance in Boston, and asking him the question “ whether there is any usage as to the matter of making written applications for marine insurance.” The question was excluded ; and the grounds upon which the defendant urges its…
2Cases cited11 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Eames v. Home InsuranceSupreme Court of the United States · 1877
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Insurance Co. v. ColtSupreme Court of the United States · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Nugent v. Boston Consolidated Gas Co.Massachusetts Supreme Judicial Court · 1921
- Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
- Mallette Ex Rel. Thomas v. British American Assurance Co.Court of Appeals of Maryland · 1900
10 more not listed; retrieve them via the Exa API.