Hutchins v. Ford
Supreme Judicial Court of Maine
On motion and exceptions. This was an action upon a policy of marine insurance issued by -the association known as the Portland Lloyds. The plaintiff’s interest, as part owner of the brig Emily T. Sheldon, was covered by a policy thereon for fifteen hundred dollars; and she sought to recover from the defendant, as one of the subscribers to the policy, his proportional part.
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On motion and exceptions. This was an action upon a policy of marine insurance issued by -the association known as the Portland Lloyds. The plaintiff’s interest, as part owner of the brig Emily T. Sheldon, was covered by a policy thereon for fifteen hundred dollars; and she sought to recover from the defendant, as one of the subscribers to the policy, his proportional part. The first count in the declaration alleged that' the defendant and others, in consideration of the premium therefor paid “made a policy and entered into an agreement and contract of insurance in writing, wherein is…
1Opinion of the CourtHaskell, J.
Assumpsit on what is known as a Boston policy of marine insurance, written on the plaintiff’s interest in the brig Emily T. Sheldon, to recover two fractions of the amount insured thereon. Among the risks underwritten were perils of the seas, including barratry of the master, unless the assured be an owner. The policy was signed by fifty associates, known as the Portland Lloyds. They respectively promised severally and not jointly, — each for his specified fraction of the sum insured; so that a suit upon the policy cannot be maintained against the underwriters jointly, but each one must be…
2Cases cited15 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Orient Insurance v. AdamsSupreme Court of the United States · 1887
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