Seamans v. Loring
U.S. Circuit Court for the District of Massachusetts
This was an action brought by the plaintiff [Xoung Seamans), as indorsee of the executors, &c. of Amos M. Atwell, an insurance broker, to recover a premium note signed by the defendants [Caleb Loring and others], and dated the 7th of February, 1814, for the sum of $1,401, payable to the said AtweE, or order. in ninety days after date.
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This was an action brought by the plaintiff [Xoung Seamans), as indorsee of the executors, &c. of Amos M. Atwell, an insurance broker, to recover a premium note signed by the defendants [Caleb Loring and others], and dated the 7th of February, 1814, for the sum of $1,401, payable to the said AtweE, or order. in ninety days after date. The cause was tried upon the general issue, when the following facts appeared: — The policy, for which the premium note was given, was underwritten in the office kept by Mr. AtweE, at Providence, in Rhode Island, on the 7th day of February, 1814. By the poUcy,…
1Opinion of the CourtStory, Circuit Justice
(after stating the facts). The first question is, whose interest is assured by the terms of the policy? The policy was effected by Messrs. Loring and Curtis,- for Leonard Jarvis, 3d, or whom the same “may concern.” It will, therefore, by its terms cover the interest of L. Jarvis, or any other person, having, an interest in the vessel and cargo, who has given an authority for such insurance. There is no warranty or representation of an American character, and the insurance may avail for any foreigner, who has authorized it to be made on his own account. Hodgson v. Marine Ins. Co., 5 Cranch [9…
2Cases cited4 opinions
- Lee v. Massachusetts Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1810
- Garrigues v. CoxeSupreme Court of Pennsylvania · 1809
- Brown v. Hartford Insurance Co.U.S. Circuit Court for the District of Connecticut · 1808
- Kemble v. BowneNew York Supreme Court · 1803
3Cited by8 opinions
- Insurance Co. v. BaringSupreme Court of the United States · 1874
- Russell ex rel. Crucet v. Union InsuranceUnited States Circuit Court · 1806
- Ryder v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1867
- Aldrich v. Equitable Safety Ins.U.S. Circuit Court for the District of Massachusetts · 1846
- Kent v. Manufacturers' InsuranceMassachusetts Supreme Judicial Court · 1836
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