Columbian Insurance v. Bean
Massachusetts Supreme Judicial Court
Contract, upon the following promissory note: “ Boston, March 14, 1865. Twelve months after March 26, 1865, 1 promise to pay to the order of Ivory Bean nine hundred and one dollars, for value received, payable at the on policy No. 36,502. Steamer General Hooker. Ivory Bean.” “ Pay to the order of the Columbian Insurance Company. Ivory Bean.”
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Contract, upon the following promissory note: “ Boston, March 14, 1865. Twelve months after March 26, 1865, 1 promise to pay to the order of Ivory Bean nine hundred and one dollars, for value received, payable at the on policy No. 36,502. Steamer General Hooker. Ivory Bean.” “ Pay to the order of the Columbian Insurance Company. Ivory Bean.” The defendant filed the following declaration in set-off: “ The defendant says that on or about the 26th day of March, 1865, the plaintiff issued to him a policy of insurance for $10,000, on the steamer General Hooker, against the perils of the seas and…
1Opinion of the CourtMorton, J.
Though this suit is brought for the benefit of Taylor, yet it is to be regarded in the same light as if the Columbian Insurance Company were the real as well as the nominal plaintiff. The note, having been passed to him after its maturity, is subject to the same equities and defences as it would be in the *543hands of the payees. It is a premium note given for insurance on the steamer General Hooker. It is agreed that the steamer was lost, and due notice and proof of the loss given to the plaintiff, who refused to pay it.
The policy provides that “ in case of loss, such loss shall be paid in sixty…
2Cases cited2 opinions
- Commonwealth v. Shoe & Leather Dealers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1873
- Osgood v. . De GrootNew York Court of Appeals · 1867
3Cited by2 opinions
- Lane v. Volunteer Co-operative BankMassachusetts Supreme Judicial Court · 1940
- Union Mutual Marine Insurance v. HowesMassachusetts Supreme Judicial Court · 1878