Dodge v. Essex Insurance
Massachusetts Supreme Judicial Court
The plaintiffs on the 4th of October 1848 sued the defendants in assumpsit upon an open policy of insurance for $4000, pay able in sixty days after proof and adjustment of loss, “ on property on board vessel or vessels at and from any port or ports in the United States to any other port or ports in the United States, as per indorsements hereon ; with liberty to stop at any intermediate ports or places, and for the captain to act as pilot;” and bearing these indorsements: “…
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The plaintiffs on the 4th of October 1848 sued the defendants in assumpsit upon an open policy of insurance for $4000, pay able in sixty days after proof and adjustment of loss, “ on property on board vessel or vessels at and from any port or ports in the United States to any other port or ports in the United States, as per indorsements hereon ; with liberty to stop at any intermediate ports or places, and for the captain to act as pilot;” and bearing these indorsements: “ Liberty is given to stop at Norfolk or other ports for trade, by adding one eighth per cent, for each. This policy…
1Opinion of the Court
Shaw, C, J.
This risk terminated at Salem, and the property being lost, on the passage from Salem to Boston, under an order given to the master at Salem after arrival there, it was not a loss covered by this policy. The open policy from any port or ports in the United States to any other port or ports in the United States constituted no contract of insurance, until made operative and efficient by the indorsement. The termini, uncertain in the open policy, are made certain by the indorsement. Its legal operation is like that of a policy on property, by the Potomac, from Norfolk to Salem or…
2Cases cited1 opinion
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
3Cited by3 opinions
- Grand View Building Ass'n v. Northern Assurance Co.Nebraska Supreme Court · 1905
- Partrick v. GrovesSupreme Court of New Jersey · 1934
- Levy v. D'AlesandroNew Jersey Court of Chancery · 1936