Macy v. China Mutual Insurance
Massachusetts Supreme Judicial Court
Actions oe contract on two policies of insurance, each for $2250, upon the barque Joseph Maxwell and whaling outfits, on each interest in proportion as valued, at and from New Bedford, January 16, 1872, wherever she may go on a whaling voyage, until her return to New Bedford, if on or before January 16, 1876. In the margin of each policy, the vessel was valued at $11,000, and the outfits at $25,000. The policy of the Commercial Insurance Company, which had its place of…
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Actions oe contract on two policies of insurance, each for $2250, upon the barque Joseph Maxwell and whaling outfits, on each interest in proportion as valued, at and from New Bedford, January 16, 1872, wherever she may go on a whaling voyage, until her return to New Bedford, if on or before January 16, 1876. In the margin of each policy, the vessel was valued at $11,000, and the outfits at $25,000. The policy of the Commercial Insurance Company, which had its place of business in New Bedford, contained the following printed clause: “It is understood and agreed, that catchings shipped home…
1Opinion of the CourtField, J.
In these cases we have already decided that whaling outfits are a subject of insurance distinct from the ship, and are not covered by insurance on the ship; that an insurance on outfits is not an insurance on the voyage; that a total loss of the ship, whether actual or constructive, is not necessarily a constructive total loss of the outfits; that evidence of a usage in New Bedford to treat the outfits as constructively totally lost when there is a total loss of the ship, is inadmissible, as contradicting the rules of law; and that “the outfits, having been separately insured, and having…
2Cases cited2 opinions
- Taber v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1881
- Dodge v. Union Marine InsuranceMassachusetts Supreme Judicial Court · 1821