Barker v. Marine Ins.
U.S. Circuit Court for the District of Rhode Island
At law. Assumpsit [by James Barker against Marine Insurance Company] on a policy of insurance dated the 2d of June, 1S21, whereby “Robinson Potter for account of James Barker, or Robinson Potter, or both, made assurance,” &c. “lost or not lost, arrived or not arrived, 4000 dollars, at and from Bristol in England, to a port of discharge in the United States, on cargo on board the brig Tom Hazard.”
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At law. Assumpsit [by James Barker against Marine Insurance Company] on a policy of insurance dated the 2d of June, 1S21, whereby “Robinson Potter for account of James Barker, or Robinson Potter, or both, made assurance,” &c. “lost or not lost, arrived or not arrived, 4000 dollars, at and from Bristol in England, to a port of discharge in the United States, on cargo on board the brig Tom Hazard.” The loss alleged was a total loss by the perils of the sea, in foundering at sea. Upon the trial of the case upon the general issue, the following facts were admitted or proved. The ship Aristomenes…
1Opinion of the Court
STORX, Circuit Justice,
(after stating facts.) The sole question in this case is, *818whether the plaintiff has an insurable interest It is contended, that the plaintiff has an insurable interest; 1. By virtue of his purchase at the sale at Bristol; 2. As trustee for the underwriters, and having a special interest in the safety, in consequence of his responsibility for the proper management of the property. I lay out of consideration, altogether, the question, whether there might not have been a valid insurance of this property for the underwriters, the abandonment having been accepted by them,…
2Cited by11 opinions
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Clute v. BarronMichigan Supreme Court · 1851
- Appleton v. TurnbullSupreme Judicial Court of Maine · 1891
- Hoitt v. WebbSupreme Court of New Hampshire · 1858
- Junior v. Mercantile InsuranceMassachusetts Supreme Judicial Court · 1828
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