Kettell v. Wiggin
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, subscribed by the defendants, upon the schooner Pocahontas, and freight * from Boston to Gibraltar, and from thence to her port of discharge in the United States, with liberty to proceed to Si. Ubes or the Cape de Verd Islands for salt.
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Assumpsit on a policy of insurance, subscribed by the defendants, upon the schooner Pocahontas, and freight * from Boston to Gibraltar, and from thence to her port of discharge in the United States, with liberty to proceed to Si. Ubes or the Cape de Verd Islands for salt. The vessel arrived in safety at Gibraltar. and from thence sailed for the Isle of .May, one of the Cape de Verds, for a cargo of salt, where, she arrived on the 12th of May, 1810. On her arrival there, there were seventeen vessels in the port, and it is the custom of the place for vessels to load' in turn as they arrive. The…
1Opinion of the Court
The opinion of the Court was delivered at this term by
Parker, C. J.
The touching at St. Jago, on the voyage home, was relied upon by the defendants as a deviation which destroys the action. But, it being in evidence, that vessels from the Isle of May usually touch at St. Jago for supplies, which are not always to be obtained at the Isle of May, the touching there was justifiable, and no deviation.
But the vessel went an intermediate voyage after her arrival at the Isle of May, under a contract with the governor of that island ; and the question is, whether that act is justifiable. The vessel is…
2Cases cited1 opinion
- Johnson v. SmithNew York Supreme Court · 1811
3Cited by4 opinions
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Motley v. Manufacturers' InsuranceSupreme Judicial Court of Maine · 1849
- Colburn v. LansingNew York Supreme Court · 1866
- Rogers v. Sun Mutual InsuranceThe Superior Court of New York City · 1880