Polleys v. Ocean Insurance
Supreme Judicial Court of Maine
-This is an action of assumpsit on a policy of insurance, bearing date July 17, 1833, upon the schooner called the Mary, and owned by the plaintiff, for the term of one year, commencing on the lit A. of said July; the sum insured being $3000. The schooner, during the year, viz. June 10, 1834, was totally lost.
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-This is an action of assumpsit on a policy of insurance, bearing date July 17, 1833, upon the schooner called the Mary, and owned by the plaintiff, for the term of one year, commencing on the lit A. of said July; the sum insured being $3000. The schooner, during the year, viz. June 10, 1834, was totally lost. It appeared on trial, that a sloop was built in 1816, and was enrolled by the name of the Sophronio, and was again enrolled in the Custom House in Portland, by the same name, March 24th, 1832; that the said schooner Mary was built upon the keel, floor- , timbers, and naval-timbers of…
1Opinion of the Court
The action was continued, for advisement, and the opinion of the Court afterwards drawn up and delivered by
Shepley J.
One of the questions presented by this bill of exceptions is, whether the contract declared on was under the circumstances a legal contract. To enable us to come to a right conclusion, it is desirable, that the principles by which we must be guided, should be, if possible, clearly stated.
Neither the law nor the Court can degrade itself by becoming the minister of evil. The consideration of a contract, or the matter out of which it arises, must therefore be legal. The object to…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- President of Hartford Bank v. HartConnecticut Superior Court · 1807
3Cited by5 opinions
- Moyle v. Congregational Society of Salt Lake CityUtah Supreme Court · 1897
- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872
- Lyman v. Norwich UniversitySupreme Court of Vermont · 1856
- Serota v. Transportation InsuranceAppellate Court of Illinois · 1933
- Wallace, Muller & Co. v. LeberSupreme Court of New Jersey · 1903