Legal Opinion

Pearson v. Lord

Massachusetts Supreme Judicial Court

Decided November 15, 1809PublishedCited by 13 opinions

Case for money had and received to the plaintiff’s use. The parties agreed to a statement of facts, from which it appears, that the money demanded was paid by the plaintiff to Tobias Lord, Jun., who received it for the defendant.

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Case for money had and received to the plaintiff’s use. The parties agreed to a statement of facts, from which it appears, that the money demanded was paid by the plaintiff to Tobias Lord, Jun., who received it for the defendant. The payment was endorsed upon a policy of insurance, made to the defendant alone, to insure for him 1000 dollars on the brigantine Mariner, and 500 dollars on her cargo, for a voyage and risk, in which it is admitted that [ * 83 ] * a total loss happened ; and that, at the time of the loss, the defendant was owner of one quarter of the said brigantine, the whole…

1Opinion of the CourtSewall, J.

Since the important alteration in the forms of policies of insurance, by omitting the words once so appropriate as to be printed in the blank forms, purporting that the assurance availed to all concerned in interest by whom the policy had been authorized, several cases have happened, where policies, probably intended by the party assured to avail for all concerned in interest, have been restricted to the party named, to the severe disappointment of his partners or employers. This seems, however, to be the necessary construction of the forms of policies now in the most frequent use with us.…

2Cited by13 opinions

  1. Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
  2. Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
  3. Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
  4. Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
  5. Union Central Life Ins. Co. v. GlasscockCourt of Appeals of Kentucky (pre-1976) · 1937

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