Clark v. United Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Case upon a policy of insurance, whereby the defendants assured for the plaintiff 2000 dollars on the ship Olive Branch and cargo, on a voyage “ from Kennebunk to Cork or Liverpool, either or both, and at and from thence to her port of discharge in the United States1500 dollars on the vessel, and 500 dollars on the cargo, the vessel being valued at 6000 dollars.
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Case upon a policy of insurance, whereby the defendants assured for the plaintiff 2000 dollars on the ship Olive Branch and cargo, on a voyage “ from Kennebunk to Cork or Liverpool, either or both, and at and from thence to her port of discharge in the United States1500 dollars on the vessel, and 500 dollars on the cargo, the vessel being valued at 6000 dollars. The declaration, after stating the policy and averring the plaintiff’s interest in the subjects of the insurance, alleges that the sj..J ship was, in the course of her outward voyage, by the force and violence of the winds, &c.,…
1Opinion of the Court
By the Court.
This was clearly a departure from necessity. If the ship had been bound under the policy to have gone first for Cork, or if an election was left to the assured, and the master had before the departure made his election to go first to that port, and had been prevented, as- here, by causes insured against, he had a fight, within the policy, to bear away to Dublin, to obtain information as to the state of the markets at Cork and Liverpool, and from thence to go to either at his choice, as his information and *309* judgment should lead him. The plaintiff has main- [ * 368 ] tained his…
2Cited by17 opinions
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Arnold v. . the Pacific Mutual Ins. Co.New York Court of Appeals · 1879
- Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
- Howard v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
- Gulf Refining Co. v. Atlantic Mutual InsuranceSupreme Court of the United States · 1929
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