Seccomb v. Provincial Insurance
Massachusetts Supreme Judicial Court
Contract on two policies of insurance, by which the defendants insured the plaintiffs’ bark Nautilus from New York to Buenos Ayres and Monte Video, one or both, and thence to ports of discharge in the United States. The first policy gave “ liberty of other port or ports, adding one quarter per cent, fa* each port used after the first used of the above two ports.”
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Contract on two policies of insurance, by which the defendants insured the plaintiffs’ bark Nautilus from New York to Buenos Ayres and Monte Video, one or both, and thence to ports of discharge in the United States. The first policy gave “ liberty of other port or ports, adding one quarter per cent, fa* each port used after the first used of the above two ports.” The second policy gave “ liberty of intermediate ports, by adding one quarter of one per cent, for each port used.” Upon each policy the following indorsement was added: “ Liberty is given to deviate by going to port or ports in…
1Opinion of the CourtBigelow, C. J.
If the policies declared on in this case are to be interpreted solely by the legal import and construction of the language used by the parties to express their meaning, without a resort to extrinsic evidence, there is no room for doubt as to the nature and extent of the risk which the defendants assumed. The original contract was for insurance on a voyage from New York to Buenos Ayres and Monte Video, one or both, and thence to a port of discharge in the United States, with liberty of other port or ports, adding an additional premium for each port visited after the vessel had been to either…
2Cases cited3 opinions
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- Stocker v. HarrisMassachusetts Supreme Judicial Court · 1807
- Eyre v. Marine InsuranceSupreme Court of Pennsylvania · 1842