Minturn v. Warren Insurance
Massachusetts Supreme Judicial Court
Otto W. Pollitz shipped on board the Oriental at New York one hundred and seventy tons of coal, of the value of $1100, on which he prepaid the freight to San Francisco, amounting to $2700, and, prior to the date of the policy, sold the cargo to the plaintiff for $4250, which included the prepaid freight, and assigned to him the bill of lading.
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Otto W. Pollitz shipped on board the Oriental at New York one hundred and seventy tons of coal, of the value of $1100, on which he prepaid the freight to San Francisco, amounting to $2700, and, prior to the date of the policy, sold the cargo to the plaintiff for $4250, which included the prepaid freight, and assigned to him the bill of lading. The bill of lading provided that the coal was “ to be delivered in the like good order and condition at the port of San Francisco, (the dangers of the sea only excepted,) unto order or to assigns, he or they paying freight for the said coal, nothing;…
1Opinion of the CourtBigelow, C. J.
The insuperable difficulty in the way of a recovery by the plaintiff on the policy declared on is that he fails to show that he had any insurable interest in the freight, for the loss of which he seeks to recover in this action. He was not the owner or charterer of the vessel, and had no interest either direct or remote in her earnings. They were not pledged to him as security for the money which he advanced to the owners, nor had he any lien upon them for his reimbursement in case the contract of affreightment was not fulfilled. The money advanced for the carriage of that part of the cargo…
2Cases cited1 opinion
- De Longuemere v. Phœnix InsuranceNew York Supreme Court · 1813
3Cited by1 opinion
- New York & Cuba Mail S. S. Co. v. Royal Exchange Assur.Court of Appeals for the Second Circuit · 1907