Greene v. Pacific Mutual Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance on the ship Junior and whaling outfits. The case was heard in this court before Chapman, J., who on the facts shown, which are sufficiently stated in the opinion, ruled pro forma that the plaintiff was not entitled to recover, and reported the case for the consideration of the whole court. > If, upon the evidence, it was competent for the jury to find a verdict for the plaintiff, judgment for the plaintiff is to be entered; otherwise, for…
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Contract upon a policy of insurance on the ship Junior and whaling outfits. The case was heard in this court before Chapman, J., who on the facts shown, which are sufficiently stated in the opinion, ruled pro forma that the plaintiff was not entitled to recover, and reported the case for the consideration of the whole court. > If, upon the evidence, it was competent for the jury to find a verdict for the plaintiff, judgment for the plaintiff is to be entered; otherwise, for the defendants.
1Opinion of the CourtBigelow, C. J.
Two questions are raised in this case. The first and preliminary one is, whether the defendants are liable at all upon the policy set forth in the declaration. If this be answered in the affirmative, the next inquiry is, whether the facts show a total loss of the ship and outfits.
The answer to be given to the first question depends on the construction of that clause in the policy by which the vessel ana outfits are warranted to be “ free from loss or expense arising from capture, seizure or detention,” It is contended by ths *219defendants that the facts proved at the trial bring this case within…
2Cases cited6 opinions
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Ma. In. Co. of Alexandria v. J. and Jh TuckerSupreme Court of the United States · 1806
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Smith v. Universal InsuranceSupreme Court of the United States · 1821
- American Insurance v. Ogden & M'CombNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Fishing Fleet, Inc. v. Trident Insurance Co., Ltd. And Pike/ancoCourt of Appeals for the Fifth Circuit · 1979
- Republic of China v. National Union Fire InsuranceDistrict Court, D. Maryland · 1957
- Nautilus Virgin Charters, Inc. v. Edinburgh InsuranceDistrict Court, D. Maryland · 1981
6 more not listed; retrieve them via the Exa API.