Graves & Barnewall v. Boston Marine Insurance
Supreme Court of the United States
This was an appeal-from the Circuit Court for the district of Massachusetts, on a decree in chancery, dismissing the plaintiffs’ bill; the object of' which was to charge the defendants upon a policy of insurance, and to obtain relief against a mistake alleged to have been made, by inserting only the name of Graves in the policy, whereas, the interest of both Graves &. Barnewall was intended to have been insured.
Read the full summary
This was an appeal-from the Circuit Court for the district of Massachusetts, on a decree in chancery, dismissing the plaintiffs’ bill; the object of' which was to charge the defendants upon a policy of insurance, and to obtain relief against a mistake alleged to have been made, by inserting only the name of Graves in the policy, whereas, the interest of both Graves &. Barnewall was intended to have been insured. The bill stated that Graves & Barnewall were equally and jointly interested in the ship Northern Liberties and her cargo ; and that various sums of money were, by each of the…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — The points made by the plaintiffs in this case, are, 1st. That the policy does really insure their joint property on board the ship Northern Liberties, so far as the same was at the time uncovered by prior assurances. 2d. That if the property be not insured at law, yet it was intended to be insured, and this court will relieve against the mistake in the agreement.
1st. That the policy does really insure the joint property of Graves & Barnewall. The words are, “the President and Directors of the Boston Marine Insurance Company, do, by these…
2Cited by39 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Worley v. TuggleCourt of Appeals of Kentucky · 1868
- Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
34 more not listed; retrieve them via the Exa API.