Mayo v. India Mutual Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, dated March 5, 1888, against perils of the seas, whereby the defendant insured the plaintiffs for $3,100, on “fertilizer on board schooner Luta Price at and from Boston to St. Andrews, N. B., free of partial loss.” Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, which report, so far as material to the point decided, was as follows.
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Contract upon a policy of insurance, dated March 5, 1888, against perils of the seas, whereby the defendant insured the plaintiffs for $3,100, on “fertilizer on board schooner Luta Price at and from Boston to St. Andrews, N. B., free of partial loss.” Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court, which report, so far as material to the point decided, was as follows. The policy contained, among other printed clauses, the proviso that the insurers should not be liable “ for any partial loss on salt, grain, peas, beans, fish, fruit,…
1Opinion of the CourtW. Allen, J.
The cargo, consisting entirely of fertilizer, arrived at the port of discharge in specie, almost undiminished in quantity, and of substantial though greatly diminished value. If the risk continued to that time, there was not a total loss. Forbes v. Manufacturers’ Ins. Co. 1 Gray, 371. The plaintiffs’ conten*174tion is, that the risk had been terminated by a constructive total loss and abandonment. It was agreed that there had been a loss from the perils insured against of over fifty per cent of the value of the cargo, and the jury found that the cargo had been abandoned by the plaintiffs to the…
2Cases cited5 opinions
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840
- Burnham v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
3Cited by7 opinions
- Fountain & Herrington, Inc. v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1932
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Devitt v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Devitt v. . Providence Washington Ins. Co.New York Court of Appeals · 1902
- Lanasa Fruit Steamship & Importing Co. v. Universal Ins.Court of Appeals for the Fourth Circuit · 1937
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