Hayward v. Blake
Massachusetts Supreme Judicial Court
This was an action upon a policy of insurance, made on the 22d of December, 1813, and subscribed by the defendant for $ 500. The policy purported to have been effected by Caleb Hayward, “ for whom it may concern,” upon the cargo of the Spanish ship Rodrigo, from Boston to Havana; and it was averred in the declaration that the plaintiff alone was interested and concerned in the policy.
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This was an action upon a policy of insurance, made on the 22d of December, 1813, and subscribed by the defendant for $ 500. The policy purported to have been effected by Caleb Hayward, “ for whom it may concern,” upon the cargo of the Spanish ship Rodrigo, from Boston to Havana; and it was averred in the declaration that the plaintiff alone was interested and concerned in the policy. On the trial, before Jackson, J., at the last November term in this county, it appeared that the defendant, as agent for the owners of the said ship, chartered her to the plaintiff for the voyage above…
1Opinion of the CourtParker, C. J.
We can see no reasonable ground to dispute the legality of this verdict. As to the objection, that the log-book and other ordinary documents were not produced on the trial ; that was a matter of evidence for the consideration of the jury. If the absence of these documents was not properly accounted for, the defendant had the advantage of this at the trial; if properly accounted for, it cannot be pretended that they were essential towards maintaining the action. Besides, these documents must be presumed to be in the possession of the master, if delivered up by the captors ; and the case finds,…
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3Cited by1 opinion
- Archibald v. Mercantile InsuranceMassachusetts Supreme Judicial Court · 1825