Dorr v. Union Insurance
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance, by which the defendants insured for the plaintiff 11,700 dollars on 190 chests of black tea on board the ship President Adams, at and from Boston to Tonningen, with liberty to touch at Heligoland for infor motion, and a pilot. The policy was made on the 7th of November, 1809; and at the foot of it was the following memorandum, viz.
Read the full summary
This was an action of the case upon a policy of insurance, by which the defendants insured for the plaintiff 11,700 dollars on 190 chests of black tea on board the ship President Adams, at and from Boston to Tonningen, with liberty to touch at Heligoland for infor motion, and a pilot. The policy was made on the 7th of November, 1809; and at the foot of it was the following memorandum, viz. “ In case of capture or restraint, the assured is not to abandon, until the property is condemned, or until it shall have been proved to have been ninety days under detention.” The cause was tried upon the…
1Opinion of the Court
By the Court.
The only question before us in this case, is whether the plaintiff had a right to abandon, at the time when his offer was made and refused. The plaintiff’s counsel has argued that the right of abandonment was enlarged by the memorandum .at the foot of the policy. But we are satisfied that the right is thereby restrained. The assured is not to abandon for the cause of detention until ninety days after the capture; nor at the expiration of that period, unless the facts then existing give him a right to abandon. We are therefore all of opinion that the plaintiff had not a right to…
2Cited by2 opinions
- Delano v. Bedford Marine InsuranceMassachusetts Supreme Judicial Court · 1813
- Law v. GoddardMassachusetts Supreme Judicial Court · 1815