Burgess v. Equitable Marine Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, dated June 20, 1874, against perils of the seas, whereby the defendant company insured, “lost or not lost, B. A. Hathaway, for Sylvanus W. Burgess, twenty-three hundred dollars, loss, if any, payable to Sylvanus W. Burgess, on Schooner Christie Johnstone; eight hundred dollars on great generals; three hundred and fifty dollars on small generals ; three hundred and fifty dollars on advance to crew on board said schooner, at and from Plymouth…
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Contract on a policy of insurance, dated June 20, 1874, against perils of the seas, whereby the defendant company insured, “lost or not lost, B. A. Hathaway, for Sylvanus W. Burgess, twenty-three hundred dollars, loss, if any, payable to Sylvanus W. Burgess, on Schooner Christie Johnstone; eight hundred dollars on great generals; three hundred and fifty dollars on small generals ; three hundred and fifty dollars on advance to crew on board said schooner, at and from Plymouth to Banks, cod-fishing, and at and thence back to Plymouth; risk to com menee June 13,1874, at noon.” The rate of the…
1Opinion of the CourtEndicott, J.
By the terms of the policy the vessel was insured “ at and from Plymouth to the Banks, cod-fishing, and at and thence back to Plymouth.” ' This is a definite and distinct description of the contemplated voyage between two fixed termini. The Banks are named as the outward terminus, and while there engaged in cod-fishing, and until her return to Plymouth, the vessel was covered by the policy. The language used is not open to the construction that it was the intention of the parties to insure her while prosecuting the adventure elsewhere, or doing what was necessary to make it successful outside…
2Cases cited9 opinions
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- Clark v. United Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1811
- Coffin v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Brazier v. ClapMassachusetts Supreme Judicial Court · 1809
- Fernandez v. Great Western InsuranceNew York Court of Appeals · 1872
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- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
- The IndrapuraDistrict Court, D. Oregon · 1909
- Amsinck v. American InsuranceMassachusetts Supreme Judicial Court · 1880
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- The PelotasDistrict Court, E.D. Louisiana · 1927
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