Clark v. Protection Ins.
U.S. Circuit Court for the District of Massachusetts
At law. Assumpsit on a policy of insurance underwritten by the Protection Insurance Company, on the 10th of November, 1837, whereby they insured the plaintiffs, “Means & [Joseph] Clark, for whom it concerns, payment to them to be insured, lost or not lost, twenty thousand dollars on the ship Avon, at sea and in port, for and during the term of one year from the 12th day of November, 1837, at noon; and if at sea at the expiration of said term, the risk to continue until her…
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At law. Assumpsit on a policy of insurance underwritten by the Protection Insurance Company, on the 10th of November, 1837, whereby they insured the plaintiffs, “Means & [Joseph] Clark, for whom it concerns, payment to them to be insured, lost or not lost, twenty thousand dollars on the ship Avon, at sea and in port, for and during the term of one year from the 12th day of November, 1837, at noon; and if at sea at the expiration of said term, the risk to continue until her arrival at the port of destination, at a pro rata premium.” The vessel was valued at $28,000, and the premium was four…
1Opinion of the Court
STORY, Circuit Justice.
The present policy was underwritten for all the owners upon their joint account; and under such circumstances I agree, that if the policy at its inception, was founded in any illegality (in which one only of the owners (the master,) who is said to be the owner of one eighth, participated, it is utterly void as to all; for the policy is not divisible, so as to be good in part, and bad in part. It must then stand in toto, or not at all. The case of Parkin v. Dick, 2 Camp. 221, is not exactly like the present; but it may serve to illustrate the principle. The policy here…
2Cases cited2 opinions
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
- Amory v. M'GregorNew York Supreme Court · 1818
3Cited by6 opinions
- Henderson's Distilled SpiritsSupreme Court of the United States · 1872
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Kelly v. Home InsuranceMassachusetts Supreme Judicial Court · 1867
- Henderson's Distilled SpiritsSupreme Court of the United States · 1872
- Texas v. DonoghueSupreme Court of the United States · 1937
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