New York State Marine Ins. v. Protection Ins.
U.S. Circuit Court for the District of Massachusetts
Assumpsit on a policy of reinsurance by the defendants for the plaintiffs, “lost or not lost, four thousand dollars on the brig Eve-lina, at and from her port or place of loading in Massachusetts, to Amsterdam, and at and from thence to New York.” The parties agreed to the following statement of facts for the opinion of the court: During the voyage insured from Massachusetts to Amsterdam, the vessel sustained damage by perils of the seas, and put into St. Thomas in distress.
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Assumpsit on a policy of reinsurance by the defendants for the plaintiffs, “lost or not lost, four thousand dollars on the brig Eve-lina, at and from her port or place of loading in Massachusetts, to Amsterdam, and at and from thence to New York.” The parties agreed to the following statement of facts for the opinion of the court: During the voyage insured from Massachusetts to Amsterdam, the vessel sustained damage by perils of the seas, and put into St. Thomas in distress. She was there repaired with funds procured on bottomry, and proceeded to Amsterdam, where she was attached and sold by…
1Opinion of the Court
STORY, Circuit Justice.
The only question, which is submitted by the parties for the consideration of the court is, whether the plaintiffs are bound to pay any part or proportion of the costs and expenses of the suit, brought on the original policy against the plaintiffs, including the fees of attorneys and counsel in the cause. It does not appear to me to be a question, under all the facts, of any intrinsic difficulty. This is a case of reassurance, and nothing is clearer, upon principle and authority, than that, in such a case, the reassurers are entitled to make the same defence, and to…
2Cases cited1 opinion
- Hastie v. De PeysterNew York Supreme Court · 1805
3Cited by21 opinions
- North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
- Home Insurance v. DickSupreme Court of the United States · 1930
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Affiliated FM Insurance v. Constitution Reinsurance Corp.Massachusetts Supreme Judicial Court · 1994
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