Thorndike v. Bordman
Massachusetts Supreme Judicial Court
This was assumpsit on a policy of insurance, dated December 16th, 1819, on the ship Marmion and cargo from Boston to any port or ports beyond the Cape of Good Hope, one or more times to the same port, for the purpose of selling the outward and procuring a return cargo, and at and from thence to port of final discharge in Europe or the United States, (not both,) with liberty to stop at the usual places for refreshments and to trade thereat.
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This was assumpsit on a policy of insurance, dated December 16th, 1819, on the ship Marmion and cargo from Boston to any port or ports beyond the Cape of Good Hope, one or more times to the same port, for the purpose of selling the outward and procuring a return cargo, and at and from thence to port of final discharge in Europe or the United States, (not both,) with liberty to stop at the usual places for refreshments and to trade thereat. At the trial, before Parker G. J., it appeared that the vessel sailed on the 29th of January, 1819, for the coast of Cochin China, where the master was…
1Dissent
Putnam J.
dissenting. I have the satisfaction of agreeing in most of the positions which have been so fully and elaborately stated by the learned chief justice, but in regard to the transaction which took place at Batavia I am obliged to dissent.
The liberty given to the assured in this policy is very extensive as to the places to which the ship might go, but is very limited in regard to the objects of the voyage. The Marmion might go where she pleased beyond the Cape of Good Hope, and being allowed to go to the same port one or more times, she of course might go backwards and forwards as…
2Cases cited1 opinion
- Hughes v. The Union Insurance CompanySupreme Court of the United States · 1818