Howard v. Great Western Insurance
Massachusetts Supreme Judicial Court
Contract, brought September 20, 1869, by an inhabitant of. Maine, against an insurance company established in New York City under the law of the state of New York; to recover for a loss upon a policy of marine insurance negotiated in this Commonwealth by an agent of the defendants to the plaintiff, and issued by them to the plaintiff under date of December 30,1863, upon the ship Clara, for a voyage from Hamburg in Germany tc Cardiff in Wales, and at and from Cardiff to Hong…
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Contract, brought September 20, 1869, by an inhabitant of. Maine, against an insurance company established in New York City under the law of the state of New York; to recover for a loss upon a policy of marine insurance negotiated in this Commonwealth by an agent of the defendants to the plaintiff, and issued by them to the plaintiff under date of December 30,1863, upon the ship Clara, for a voyage from Hamburg in Germany tc Cardiff in Wales, and at and from Cardiff to Hong Kong in China, “ warranted not to load more than her registered tonnage with lead, marble, coal, slate, copper ore,…
1Opinion of the Court
Chapman-, C. J.*
The plaintiff admits that the burden is on him to prove that the article loaded was known in commerce as a different article from that which was bought and sold as coal. But this leaves open the question as to what this difference must consist in. Sometimes there is a difference in the mere name; for the same article often has different names in different places. Articles may also be different as to one class of dealers, while they are the same as to other classes. If for example there had been a warranty against carrying cotton cloth, it would as to an insurer include all…
2Cases cited1 opinion
- Clark v. United Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1811
3Cited by11 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
- Emery v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Mooney v. Howard InsuranceMassachusetts Supreme Judicial Court · 1885
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