Williams v. Ocean Insurance
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought by J. H. Williams, G. Adams, and S. G. Bridge, to recover the amount of an alleged loss upon the brig Draco, insured by the defendants, at and from Boston to Sydney in New South Wales, and at and from thence to her port of discharge in the United States.
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This was an action of assumpsit, brought by J. H. Williams, G. Adams, and S. G. Bridge, to recover the amount of an alleged loss upon the brig Draco, insured by the defendants, at and from Boston to Sydney in New South Wales, and at and from thence to her port of discharge in the United States. The policy bore date August 26th, 1836, and caused to be insured S. G. Bridge, for whom it concerned, $8000, on said brig, &c. and was indorsed as follows : “ Sept. 10, 1836. It is understood that the within insurance attaches for S. G. Bridge, George Adams and J. Hartwell Williams, one third each,…
1Opinion of the Court
Wilde, ,T.
Two questions only have been submitted to the consideration of the court; the first relating to the form of the action, and the other to the defendants’ right of set-off.
In the first place, it is objected, that the action should have been brought in the name of Bridge alone, to whom, by the policy, the loss was made payable ; and 2d, that if the action were rightly brought, the defendants have a right to set off the demands which they have against Bridge, to the extent of the loss.
1. The first question, we think, is settled, and on satisfactory principles, by the case of Farrow v.…
2Cases cited3 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Moore v. Jackson ex dem. ErwinCourt for the Trial of Impeachments and Correction of Errors · 1829
- Hulse v. YoungNew York Supreme Court · 1819