Copeland v. New England Marine Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance dated August 8th, 1836, upon the brig Adams, Joseph Gillespie, master, for a voyage from Wilmington, in North Carolina, to Jamaica, in the West Indies, and back to a port of discharge in the United States. The brig was wrecked at Point Este, on her passage from Jamaica to the United States, and wholly lost.
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Assumpsit on a policy of insurance dated August 8th, 1836, upon the brig Adams, Joseph Gillespie, master, for a voyage from Wilmington, in North Carolina, to Jamaica, in the West Indies, and back to a port of discharge in the United States. The brig was wrecked at Point Este, on her passage from Jamaica to the United States, and wholly lost. The case was tried before Wilde, J. at the March term 1839, and the defence was put on the several grounds of barratry in the master, deviation, and unseaworthiness of the brig, as hereinafter mentioned in the opinion given by the chief justice. After a…
1Opinion of the CourtShaw, C. J.
The court have heretofore had occasion to consider this cause, 22 Pick. 135, but under a very different aspect from that in which it is now presented ; and the principles then decided have little tendency to aid us in considering the questions arising on this report. And it is now a subject of unfeigned regret, that the court have not been able to come to a unanimous result. The case has been frequently discussed, and postponed from time to time, for further consideration; but as the judges have ultimately arrived at different conclusions, nothing remains but to declare the judgment of a…
2Cases cited7 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
- Succession of SenacSupreme Court of Louisiana · 1842
- Cleveland v. Union InsuranceMassachusetts Supreme Judicial Court · 1811
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3Cited by1 opinion
- Foster v. Fidelity Fire InsuranceSuperior Court of Pennsylvania · 1904