Dole v. New England Mutual Marine Ins.
U.S. Circuit Court for the District of Massachusetts
Action of assumpsit [by Charles E. Dole and others] on a policy of insurance. Facts agreed: The policy described in the declaration was dated on the 1'Jth of November, ISfiO. and purported to insure the ship Golden Itocket, for one year, “against the perils of the seas, fire, enemies, pirates, assailing thieves, restraints, and detainments of all kings, princes, and people, of what nation or quality soever, barratry .of the master (unless the insured be master of the vessel)…
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Action of assumpsit [by Charles E. Dole and others] on a policy of insurance. Facts agreed: The policy described in the declaration was dated on the 1'Jth of November, ISfiO. and purported to insure the ship Golden Itocket, for one year, “against the perils of the seas, fire, enemies, pirates, assailing thieves, restraints, and detainments of all kings, princes, and people, of what nation or quality soever, barratry .of the master (unless the insured be master of the vessel) and of the mariners, and all other losses and misfortunes which have, or shall come to the damage of the said ship, or…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The- defendants contend that the loss in this case, under the circumstances disclosed in the agreed statement, was not a loss by pirates within the meaning of the policy as understood in the law of insurance.
The theory of the defendants is, that the word “pirates” is used in the policy in the ordinary sense in which it is understood in the general commercial law of the civilized world; and they accordingly contend that the acts of the Sumter in taking the ship, having been committed when she was engaged in open and actual war, under a commission issued by a de facto…
2Cases cited7 opinions
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1813
- Dole v. Merchants' Mutual Marine InsuranceSupreme Judicial Court of Maine · 1863
- Thompson v. AshtonNew York Supreme Court · 1817
- Suckley v. DelafieldNew York Supreme Court · 1804
- Rice v. HomerMassachusetts Supreme Judicial Court · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- United States v. HasanDistrict Court, E.D. Virginia · 2010
- United States v. The Ambrose LightDistrict Court, S.D. New York · 1885
- Brown v. . St. Nicholas Ins. Co.New York Court of Appeals · 1874
- The OntarioDistrict Court, E.D. Michigan · 1889
4 more not listed; retrieve them via the Exa API.