Martin v. Salem Marine Insurance
Massachusetts Supreme Judicial Court
This was an action pending in Essex, upon a policy of insurance dated October 26, 1801, whereby the defendants insured two thousand dollars on the schooner Catherine and appurtenances, and two thousand dollars on her cargo, “ from Marblehead to one or more ports in the West Indies, for the purpose of selling her outward and purchasing a return cargo, and at and from [ *421 ] thence to Marblehead, or her first port of * discharge in the United States.”
Read the full summary
This was an action pending in Essex, upon a policy of insurance dated October 26, 1801, whereby the defendants insured two thousand dollars on the schooner Catherine and appurtenances, and two thousand dollars on her cargo, “ from Marblehead to one or more ports in the West Indies, for the purpose of selling her outward and purchasing a return cargo, and at and from [ *421 ] thence to Marblehead, or her first port of * discharge in the United States.” The policy was in the usual form as to the perils undertaken, and the underwriters were not to be liable for a partial loss under five per…
1Opinion of the Court
The opinion of the Court was delivered at this term by
Sewall, J.,
who, after stating the facts, proceeded thus: In arguing from this state of facts, the plaintiffs’ counsel were disposed to rely upon the circumstance of the abandonment. But upon a suggestion, from the Court, that it had not been made until the removal' of the embargo, and that the conduct of the assured afterwards, in receiving and disposing of the vessel upon her arrival, might be considered as a waiver of the abandonment, if they had had a right to make it, this circumstance was not insisted on; and the plaintiffs were…
2Cases cited1 opinion
- Penny v. New-York Insurance Co.New York Supreme Court · 1805
3Cited by5 opinions
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Swanzy v. WebsterDistrict Court, D. Maine · 1890
- Mumford v. ChurchNew York Supreme Court · 1799
- Eureka Fire & Marine Ins. v. PurcellHamilton Circuit Court · 1899
- Eureka Fire & Marine Insurance v. PurcellOhio Circuit Courts · 1899