Oliver v. Newburyport Insurance
Massachusetts Supreme Judicial Court
Case upon a policy of insurance on the hull and appurtenances of the ship Columbia, valued at 10,000 dollars, at and from Bilboa, or other Spanish ports without the Straits of Gibraltar to Teneriffe, and at and from thence to Jamaica. The defendants underwrote four thousand dollars.
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Case upon a policy of insurance on the hull and appurtenances of the ship Columbia, valued at 10,000 dollars, at and from Bilboa, or other Spanish ports without the Straits of Gibraltar to Teneriffe, and at and from thence to Jamaica. The defendants underwrote four thousand dollars. The plaintiffs declare on a total loss by capture by a French national corvette called the Curieux, whereby “ the said ship with her appurtenances has ever since been detained from the plaintiffs, and the same, by the capture aforesaid, was utterly lost to them.” Upon the trial of the general issue in this cause,…
1Opinion of the Court
The cause was continued for advisement; and now, at this adjournment, the Court delivered their opinions as follows, viz.
Sewall, J.
The facts material in deciding upon the motion in this case for a new trial are, that the insurance by the policy in question was of the ship Columbia, owned for two thirds by the plaintiffs, and one third by the master, for a voyage from Spain to Teneriffe, and at and from thence to Jamaica; that the ship in the course of the voyage insured was captured by the French, and recaptured by the English, who carried the vessel and cargo to the island of Antigua, where,…
2Cited by13 opinions
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- Lechoslaw v. Bank of America, N.A.District Court, D. Massachusetts · 2008
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