Bartlet v. Walter
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated the 26th of December, 1812, by which the sum of $ 1200 was insured on the schooner Industry, of which the said Goodwin was master, “ at and from her port or ports , of loading in North Carolina to Boston or Plymouth, lost or not lost.” The defendant underwrote $ 300. The premium 15 per cent., two and a half to be returned in case of safe arrival.
Read the full summary
Assumpsit on a policy of insurance, dated the 26th of December, 1812, by which the sum of $ 1200 was insured on the schooner Industry, of which the said Goodwin was master, “ at and from her port or ports , of loading in North Carolina to Boston or Plymouth, lost or not lost.” The defendant underwrote $ 300. The premium 15 per cent., two and a half to be returned in case of safe arrival. At the trial, which was had at Plymouth, October term, 1814, before the late Justice Dewey, the plaintiffs, to prove that they had an insurable interest in the vessel, offered in evidence an agreement in…
1Opinion of the CourtParker, C. J.
The question as to the insurable nature of the plaintiffs’ interest, which was the subject of this contract, has been virtually decided in several cases which have come before the Court. The case of Oliver vs. Green, (1) which was cited in the argument, is too nearly like this to admit of any substantial distinction. In that case, the plaintiff, having been the owner of one half the vessel, and having chartered the other half, with a stipulation to pay a specific sum if she should be lost, insured the whole as his own property, without stating the nature of his interest. He recovered for the…
2Cases cited2 opinions
- Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
3Cited by7 opinions
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Murdock v. Franklin Ins.West Virginia Supreme Court · 1889
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
2 more not listed; retrieve them via the Exa API.