Hurlbert v. Pacific Ins. Co.
U.S. Circuit Court for the District of Massachusetts
Assumpsit on a policy of insurance, dated the 1st of September, 1836, whereby Z. Cook, Jr. for Elisha D. Hurlbert & Co., for whom it may concern, payable to E. D. Hurlbert & Co. caused to be insured, lost • or not lost, 83,000 on the schooner Flora, at sea or in port, for twelve months from the 15th day of September, 1836, at noon, and if at sea. on the expiration of the year, to continue at pro rata premium, until her arrival at her port of destination against the usual…
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Assumpsit on a policy of insurance, dated the 1st of September, 1836, whereby Z. Cook, Jr. for Elisha D. Hurlbert & Co., for whom it may concern, payable to E. D. Hurlbert & Co. caused to be insured, lost • or not lost, 83,000 on the schooner Flora, at sea or in port, for twelve months from the 15th day of September, 1836, at noon, and if at sea. on the expiration of the year, to continue at pro rata premium, until her arrival at her port of destination against the usual perils. The declaration averred a total loss by the perils of the seas within the term aforesaid. The cause came on to be…
1Opinion of the Court
STORY, Circuit Justice.
The only questions arising upon the statement of facts are, 1st. As to the right of set off of the defendants of the demands, which they hold against the plaintiffs; 2d. As to the right of deduction of the same demands under a particular clause in the policy, which will be presently brought under notice.
In regard to the right of set-off, either at the common law, or under our statute of set-off (Rev. St. c. 96), it appears to me, that upon the circumstances of the present case it is not at all maintainable. However true it may be, that the right of set-off of mutual…
2Cases cited2 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Gordon v. ChurchNew York Supreme Court · 1805
3Cited by4 opinions
- Simpson v. JenningsNebraska Supreme Court · 1884
- Messick v. RardinDistrict Court, E.D. Illinois · 1934
- Wood v. DavisThe Superior Court of the City of New York and Buffalo · 1891
- Union Insurance v. GrantSupreme Judicial Court of Maine · 1878