Hoyt v. Gilman
Massachusetts Supreme Judicial Court
Case upon a policy of insurance for 10,000 dollars on the ship Ariadne and her freight from Falmouth to her port of discharge in Europe — 7000 dollars on the ship, the residue on the freight; the ship valued at 17,000 dollars, the freight at 9000 dollars; policy dated March 5th, 1810; at a premium of twenty per cent. — The first count was for a total loss by the perils of the seas ; the second for-dollars, money had and received by the defendant for the plaintiff’s use.
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Case upon a policy of insurance for 10,000 dollars on the ship Ariadne and her freight from Falmouth to her port of discharge in Europe — 7000 dollars on the ship, the residue on the freight; the ship valued at 17,000 dollars, the freight at 9000 dollars; policy dated March 5th, 1810; at a premium of twenty per cent. — The first count was for a total loss by the perils of the seas ; the second for-dollars, money had and received by the defendant for the plaintiff’s use. At the trial of the cause, which was had upon the general issue, before Sewall, J., at the sittings here after the last…
1Per curiam
Whether fraud be a question for the Court or jury, yet if, upon the facts in evidence in this case, the jury had given the plaintiff his premium, we should not have hesitated to set aside the verdict. The letter, which * the plaintiff concealed, contained information very material in estimating the risk. The plaintiff must have been aware of this, if he had capacity to enter into a contract. The underwriter had a right to the information. The withholding it from him must be considered fraudulent, and the insurance was therefore void. And being avoided for such a cause, the plaintiff is not…
2Cited by14 opinions
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Royal Indemnity Co. v. PerryMassachusetts Supreme Judicial Court · 1936
- Delavigne v. United InsuranceNew York Supreme Court · 1800
- Crouch v. Southern Surety Co.Tennessee Supreme Court · 1914
- Hartman v. AldenSupreme Court of New Jersey · 1870
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