Livermore v. Newburyport Marine Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, for a total loss, which wax stated in the declaration to have happened, by the ship and caigo being attached, arrested, taken, detained, and carried away to Portsmouth, in Great Britain, by a British frigate. The cause was submitted to the Court upon the following state of facts, viz., That the defendants made and subscribed the policy of insurance described in the plaintiff’s declaration.
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Assumpsit on a policy of insurance, for a total loss, which wax stated in the declaration to have happened, by the ship and caigo being attached, arrested, taken, detained, and carried away to Portsmouth, in Great Britain, by a British frigate. The cause was submitted to the Court upon the following state of facts, viz., That the defendants made and subscribed the policy of insurance described in the plaintiff’s declaration. (This was annexed to, and made part of, the state of facts, bore date the 25th day of July, 1801, and was, in substance, that the president and directors of the…
1Opinion of the CourtSewall, J.
(after stating the case.) The plaintiff contends-that, under these circumstances, as assignee of Edmund Bart-let’s effects, he is entitled to recover against the insurers of the schooner Five Sisters, and cargo, according to the policy declared on, their entire subscription, as for a total loss. And for this purpose, he argues that Edmund Bartlet, upon the capture of the schooner and cargo, and the interruption of the voyage insured, and by his offer, in consequence, to abandon to the insurers, had vested in them his interest in the vessel and cargo, and that the restoration thereof, and the…
2Cited by7 opinions
- Locke v. North American InsuranceMassachusetts Supreme Judicial Court · 1816
- Taber v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1881
- Earl v. ShawNew York Supreme Court · 1800
- Home Ins. Co. v. DickCourt of Appeals of Texas · 1928
- Mumford v. ChurchNew York Supreme Court · 1799
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