Paddock v. Franklin Insurance
Massachusetts Supreme Judicial Court
Assumpsit upon a policy of insurance, dated June 18, 1825, by which the defendants caused the plaintiff to be assured “ lost or not lost, ijp 600 on cargo on board the ship Tar-quin, now on a whaling voyage in the Pacific ocean, during her stay and until her return to Nantucket; with the usual liberties.”
Read the full summary
Assumpsit upon a policy of insurance, dated June 18, 1825, by which the defendants caused the plaintiff to be assured “ lost or not lost, ijp 600 on cargo on board the ship Tar-quin, now on a whaling voyage in the Pacific ocean, during her stay and until her return to Nantucket; with the usual liberties.” The policy contains this clause, — “ beginning the adventure upon the said cargo as aforesaid, and to continue during the voyage aforesaid, on the vessel until she shall be arrived, &c. and on the property until landed.” The plaintiff was one of the owners of the ship. Her voyage commenced…
1Opinion of the Court
The opinion of the Court was drawn up by
Shaw C. J.
The grounds of defence in this action, are 1. That this policy attached and took effect, and the risk assumed by it commenced on the 18th of August, 1825, the day on which this policy was underwritten ; that by the law of insurance, whether the insurance be on ship or cargo, the vessel must be in all respects seaworthy, at the time of the inception of the risk ; that this is an implied warranty in the nature of a condition precedent, without compliance with which, on the part of the assured, the policy does not attach and the contract of…
2Cases cited4 opinions
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
- American Insurance v. Ogden & M'CombNew York Supreme Court · 1836
- Garrigues v. CoxeSupreme Court of Pennsylvania · 1809
- Prescott v. Union InsuranceSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Cobb v. DunlevieWest Virginia Supreme Court · 1908
- Plymouth Rubber Co. v. Insurance Co. of North America, Inc.Massachusetts Appeals Court · 1984
- Watson v. Providence Washington Ins. Co.District Court, E.D. North Carolina · 1952