Legal Opinion

Toppan v. Atkinson

Massachusetts Supreme Judicial Court

Decided March 15, 1807PublishedCited by 3 opinions

Case on a policy of insurance underwritten by the defendant A statement of the facts was agreed on by the parties, substantially reciting that the plaintiff, on the first of December, A. D. 1802, caused himself to be assured the sum of 2000 dollars on the cargo of the schooner Charlotte, at and from Fredericksburg to the port of discharge in Newburyport. The defendant subscribed the policy for 300 dollars.

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Case on a policy of insurance underwritten by the defendant A statement of the facts was agreed on by the parties, substantially reciting that the plaintiff, on the first of December, A. D. 1802, caused himself to be assured the sum of 2000 dollars on the cargo of the schooner Charlotte, at and from Fredericksburg to the port of discharge in Newburyport. The defendant subscribed the policy for 300 dollars. At the time of effecting the policy, the plaintiff expected goods to be shipped from Fredericksburg, on his own account and risk, on board the said vessel, to the amount of the sum insured…

1Opinion of the Court

And now at this term the opinion of the Court was delivered by

Sewall, J.

The question submitted upon these facts, (which Ills Honor previously stated,) is, whether the plaintiff is entitled to recover, by virtue of this policy, for a partial loss upon the consignment to him from Winchester, Howard, & Co.

By the facts disclosed, it is evident that the policy in this case applied originally to the plaintiff’s general property in certain goods expected on his own account, and, in the intention of the parties, had no other application. To make a question in this case, is to suppose it doubtful…

2Cases cited1 opinion

  1. Donath v. THE INSURANCE COMPANY OF NORTH AMERICASupreme Court of the United States · 1806

3Cited by3 opinions

  1. Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Murray v. Columbian InsuranceNew York Supreme Court · 1814
  3. Thompson v. ThompsonSupreme Court of Delaware · 1881

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