Bill v. Mason
Massachusetts Supreme Judicial Court
This action was assumpsit upon a policy of insurance upon the plaintiffs’ brig Ranger, on a voyage from Norfolk to a port or ports in the Island of Jamaica, and until moored twenty-four hours in safety, against the usual risks; upon which policy the defendant underwrote five hundred dollars. The declaration is for a total loss by the dangers of the sea.
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This action was assumpsit upon a policy of insurance upon the plaintiffs’ brig Ranger, on a voyage from Norfolk to a port or ports in the Island of Jamaica, and until moored twenty-four hours in safety, against the usual risks; upon which policy the defendant underwrote five hundred dollars. The declaration is for a total loss by the dangers of the sea. The general issue was pleaded, and on the trial before Parker, J., at the last November term, a verdict was returned for the plaintiffs, subject to the opinion of the Court, upon a statement of facts agreed by the parties. From the statement…
1Opinion of the CourtParsons, C. J.
The question between the parties is, whether the underwriters are answerable for the loss of the vessel in the manner and at the time stated in the case. — The counsel for the plaintiffs has argued that the brig could not, within the intention of the parties, be considered as moored in safety, until the weather was such that she might safely land her cargo. — On the other side, it is contended that the brig was in safety, until she received some damage from a cause insured against, for which the assurer was answerable; and consequently that she was in safety after having been moored…
2Cases cited1 opinion
- Dickey v. United InsuranceNew York Supreme Court · 1814
3Cited by1 opinion
- Bramhall v. Sun Mutual InsuranceMassachusetts Supreme Judicial Court · 1870