Munson v. New England Marine Insurance
Massachusetts Supreme Judicial Court
This action was brought to recover the value of the ship Aurora, belonging to Samuel Russell and Hamlet Fairchild, of New York, for whom, and as their agent, the plaintiff Munson procured her to be insured by the defendants at and from New York to the Havanna, and at and from thence to New York, the ship being valued at 9000 dollars, and insured for that sum. Any loss arising under the policy was to be paid in sixty days after proof and adjustment thereof.
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This action was brought to recover the value of the ship Aurora, belonging to Samuel Russell and Hamlet Fairchild, of New York, for whom, and as their agent, the plaintiff Munson procured her to be insured by the defendants at and from New York to the Havanna, and at and from thence to New York, the ship being valued at 9000 dollars, and insured for that sum. Any loss arising under the policy was to be paid in sixty days after proof and adjustment thereof. The policy was on ship and cargo, but the demand for loss,of cargo was struck out of the declaration, which alleged a total loss by…
1Opinion of the Court
And now at this term the Solicitor-General, Davis, renewed and enforced the points suggested by him at the trial; after which the opinion of the Court was delivered, in substance, as follows, by
Parsons, C. J.
The jury having found a verdict for a total loss, the counsel for the defendants make two objections to it. The first is that, at the time of the abandonment, no evidence of the loss was exhibited. The capture took place on the 25th of April, 1806, and on the 1st of May following, one of the owners wrote the plaintiff an account of it, and stated that the intelligence was received by one…
2Cited by6 opinions
- O'Reilly v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Mumford v. ChurchNew York Supreme Court · 1799
- O'Reilly v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1875
- Silloway v. Neptune InsuranceMassachusetts Supreme Judicial Court · 1858
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