Ward v. Wood
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, by which the plaintiff, for whom it might concern, caused to be insured the sum of $5000 upon the ship Hyder Mi and her appurtenances, from Portland to her port or place of lading beyond the Cape of Good Hope, with liberty to cruise and capture.
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Assumpsit on a policy of insurance, by which the plaintiff, for whom it might concern, caused to be insured the sum of $5000 upon the ship Hyder Mi and her appurtenances, from Portland to her port or place of lading beyond the Cape of Good Hope, with liberty to cruise and capture. The policy contained a written * memorandum, by which it was agreed that the policy should terminate whenever the ship should arrive at her port in India or China, where the agent should determine to load for America; or at the time she might receive on board a cargo or effects, with the intention of proceeding to…
1Opinion of the CourtParker, C. J.
We think that none of the objections, urged by the defendant’s counsel against the verdict, ought to prevail.
First, as to the form of the action, it is insisted, that, as Saunders’s interest in the vessel was insured by the defendant in the same policy, he ought to have joined in the action. But the policy is in a different form from those usually adopted in our offices. The plaintiff caused the insurance for whom it might concern, and the interest of Saunders was known at the time to the underwriters. It is in conformity with the contract, that the plaintiff should maintain the action in his…
2Cases cited1 opinion
- Davis v. BoardmanMassachusetts Supreme Judicial Court · 1815
3Cited by7 opinions
- Hughes v. Mercantile Mutual Insurance Co.New York Court of Common Pleas · 1873
- Martin v. Franklin Fire InsuranceSupreme Court of New Jersey · 1875
- Steamship Samana Co. v. HallDistrict Court, D. Maine · 1892
- Goodall v. New England Mut. Fire Ins.Superior Court of New Hampshire · 1852
- Reed v. Pacific InsuranceMassachusetts Supreme Judicial Court · 1840
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