Legal Opinion

Manly v. United Marine & Fire Insurance

Massachusetts Supreme Judicial Court

Decided May 15, 1812PublishedCited by 5 opinions

Case upon a policy of insurance, dated January 24, 1811, by which the defendants insured for the plaintiff one thousand dollars on the schooner Jason and appurtenances, lost or not lost, valued in the policy at two thousand dollars, “ to, at, and from, one or more ports on the globe for one year, commencing the risk at Barbadoes on the 1th day of December, 1810, at 12 o'clock at noon of said day, al a premium of ten per cent., beginning the said adventure upon the said…

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Case upon a policy of insurance, dated January 24, 1811, by which the defendants insured for the plaintiff one thousand dollars on the schooner Jason and appurtenances, lost or not lost, valued in the policy at two thousand dollars, “ to, at, and from, one or more ports on the globe for one year, commencing the risk at Barbadoes on the 1th day of December, 1810, at 12 o'clock at noon of said day, al a premium of ten per cent., beginning the said adventure upon the said vessel and appurtenances as aforesaid, and to continue and endure during the voyage, and until the said vessel shall be…

1Opinion of the Court

The action being continued nisi for advisement, the opinion of the Court was delivered in Boston, at an adjourned session of the last March term in Suffolk, holden in July, by

Sewall, J.

In this action, a loss is averred and proved, for which the defendants are liable, if, under the circumstances of the case, the policy had attached. The insurance was, by the terms of the policy, to commence at Barladoes on the 7th day of December at noon. According to the statement of facts agreed by the parties, the vessel had sailed from Barbadoes on the 6th, and on

the 7th was * in good safety near the…

2Cited by5 opinions

  1. Filley v. PopeSupreme Court of the United States · 1885
  2. Petrie v. Phenix InsuranceNew York Court of Appeals · 1892
  3. Folsom v. Merchants' Mut. Mar. Ins.Supreme Judicial Court of Maine · 1854
  4. Martin v. Fishing InsuranceMassachusetts Supreme Judicial Court · 1838
  5. Vigoreaux v. Lime Rock Ins.Supreme Judicial Court of Maine · 1871

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