Aldrich v. Equitable Safety Ins.
U.S. Circuit Court for the District of Massachusetts
[At law.] This was assumpsit [by William L. Aldrich and another against the Equitable Safety Insurance Company] on a policy of insurance, made December 17th, 1841, on the cargo of the ship Neponset, to the extent of $15,000, on one half thereof, from Bremen to the coast of Sumatra, and thence to a port of discharge in Europe, with this provision, viz.: “The balance óf this policy to attach to freight after covering property.”
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[At law.] This was assumpsit [by William L. Aldrich and another against the Equitable Safety Insurance Company] on a policy of insurance, made December 17th, 1841, on the cargo of the ship Neponset, to the extent of $15,000, on one half thereof, from Bremen to the coast of Sumatra, and thence to a port of discharge in Europe, with this provision, viz.: “The balance óf this policy to attach to freight after covering property.” The insurance was made to Mark Healy “on account óf whom it concerns,” “loss payable to the order of M. Healy.” The plaintiffs claimed, as possessing an insurable…
1Opinion of the Court
WOODBURY, Circuit Justice.
Most of the important facts in this case are embodied in the statement of it, and on these I shall now proceed to submit briefly my views of the law. The plaintiffs seem to me to have possessed an insurable interest in the cargo and freight, which are covered by this policy. They had agreed to advance $23,000 on account of the cargo and charges, and did do it, so as to render Healy indebted to them to the extent of $11,S00, and interest thereon. How were they to be secured or paid for this? Clearly in the first instance by an insurance of the cargo and the ship, with…
2Cases cited4 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Seamans v. LoringU.S. Circuit Court for the District of Massachusetts · 1816
- Gordon v. ChurchNew York Supreme Court · 1805
3Cited by2 opinions
- Providence Washington Insurance v. The SidneyDistrict Court, S.D. New York · 1885
- Steamship Samana Co. v. HallDistrict Court, D. Maine · 1892