Thwing v. Great Western Insurance
Massachusetts Supreme Judicial Court
The eibst of these cases was an action of contract, brought by William Thwing, upon a policy of insurance, by which the Great Western Insurance Company, in consideration of a premium of $700, insured him $20,000, payable in thirty days after proof of loss and proof of interest, on his ship Alhambra, valued at $75,000, on a voyage from Liverpool to San Francisco, against the perils of the sea, collisions and all other perils, and which contained the following clauses : “ In…
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The eibst of these cases was an action of contract, brought by William Thwing, upon a policy of insurance, by which the Great Western Insurance Company, in consideration of a premium of $700, insured him $20,000, payable in thirty days after proof of loss and proof of interest, on his ship Alhambra, valued at $75,000, on a voyage from Liverpool to San Francisco, against the perils of the sea, collisions and all other perils, and which contained the following clauses : “ In case of any loss or misfortune, it shall be lawful and necessary to and for the assured, factors, servants, and assigns,…
1Opinion of the CourtGray, J.
After a careful examination, in the light of the able arguments of counsel, of the voluminous record upon which these two cases have been submitted to us, we have not found it necessary to decide any question of fact upon which the testimony is conflicting, because we are of opinion that the principles of law already settled by the judgments of this court are decisive of the merits of the controversy.
The two principal legal questions at issue in the action at law were, 1st. Whether insurers of a vessel against perils of the sea, including collisions, are liable for the amount which the…
2Cases cited10 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Vos v. RobinsonNew York Supreme Court · 1812
- Paddock v. Commercial InsuranceMassachusetts Supreme Judicial Court · 1870
- Hale v. Washington Ins.U.S. Circuit Court for the District of Massachusetts · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Phenix Insurance v. StocksIllinois Supreme Court · 1893
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Queen Insurance v. Jefferson Ice Co.Texas Supreme Court · 1885
24 more not listed; retrieve them via the Exa API.