Legal Opinion

Taylor v. Sumner

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 3 opinions

This was an action of the case upon two promissory notes made by the defendants and payable to the plaintiff, the first of which was dated May 26th, 1804, for 214 dollars and 15 cents, payable in six months from the date, and the second dated September 15th, 1804, for 1051 dollars 85 cents, payable on the 26th of November following. Upon non assumpsit pleaded, the action was tried before Parlcer, J., at the last November term.

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This was an action of the case upon two promissory notes made by the defendants and payable to the plaintiff, the first of which was dated May 26th, 1804, for 214 dollars and 15 cents, payable in six months from the date, and the second dated September 15th, 1804, for 1051 dollars 85 cents, payable on the 26th of November following. Upon non assumpsit pleaded, the action was tried before Parlcer, J., at the last November term. Upon the trial, it was admitted that these notes were given for the premium of insurance on a policy effected in the office of the plaintiff, an insurance broker, dated…

1Opinion of the Court

The opinion nf the Court was afterwards delivered by

Parsons, C. J.

The question referred to our decision in this case is, whether the direction of the judge to the jury was right.

As the schooner, by the first policy, was insured to, at, and from, Martinico, against all the usual risks, the assurers were already answerable for all those risks, in which the risks resulting from a blockade are not to be included. The words of the memorandum are also general, and by it no property is covered, and no risks are insured against, but those which are contained in the policy. On this view of the…

2Cases cited1 opinion

  1. Mellen v. National InsuranceThe Superior Court of New York City · 1829

3Cited by3 opinions

  1. Waller v. Northern Assurance Co.Supreme Court of Iowa · 1884
  2. Delavigne v. United InsuranceNew York Supreme Court · 1800
  3. Wright v. TukeyMassachusetts Supreme Judicial Court · 1849

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