Wiggin v. Boardman
Massachusetts Supreme Judicial Court
This was assumpsit upon a similar policy of insurance, and upon the same voyage as that upon which the preceding action was brought, and was tried upon the general issue, November term, 1815, before Parker, chief justice.
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This was assumpsit upon a similar policy of insurance, and upon the same voyage as that upon which the preceding action was brought, and was tried upon the general issue, November term, 1815, before Parker, chief justice. The facts proved at the trial were the same as are stated in the said case of these plaintiffs against Amory; with this additional fact, found specially .by the jury, that the present defendant knew of the armament and equipment of the* Volant as a letter of marque, before the policy was subscribed by him. A verdict was returned for the plaintiffs, subject to the opinion of…
1Opinion of the CourtParker, C. J.
In the case of Wiggin & Al. vs. Amory, it was decided by us that the mere fact of taking a commission as a letter of marque, after a policy had been effected upon goods shipped on board a merchant vessel, without the knowledge or consent of the underwriter, had no effect upon the policy ; the Court not admitting the doctrine, that a temptation to deviate avoided the contract, as was laid down in the case of Denison vs. Modigniani.
But it was also decided that the actual use of such a commission, by capturing a vessel, when by such capture a delay of the voyage, although but for a short time,…
2Cases cited1 opinion
- Whitney v. HavenMassachusetts Supreme Judicial Court · 1816
3Cited by3 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Holmes v. Charlestown Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1845