Archibald v. Mercantile Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance made by the defendants on the 28th of June, 1823, whereby they assured to the plaintiff the sum of 2400 dollars “ on property on board the schooner Polly, at and from Boston to St.' Pierre’s Miquelon, and at and from thence to Boston, with liberty to proceed to St. John’s, Newfoundland.”
Read the full summary
Assumpsit on a policy of insurance made by the defendants on the 28th of June, 1823, whereby they assured to the plaintiff the sum of 2400 dollars “ on property on board the schooner Polly, at and from Boston to St.' Pierre’s Miquelon, and at and from thence to Boston, with liberty to proceed to St. John’s, Newfoundland.” At the foot of the policy was the following memorandum: — “It is further agreed, that in case of capture or detention the assured shall not have a right to abandon therefor, until proof is exhibited of a condemnation, or of a continuance of the detention by capture, or other…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The plaintiff claims indemnity of the defendants, on the ground that this is a loas covered by the general terms of the policy, or at least that it is within the meaning of the memorandum at the foot of the policy.
The general question is, whether by the terms of the contract, as expressed in the body of the policy, the defendants took the risk of an illicit voyage to St. John’s; for between these parties the importation into St. John’s must be deemed to be illicit, it having been so determined by a court of competent jurisdiction and there being…
2Cases cited10 opinions
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Russell v. De GrandMassachusetts Supreme Judicial Court · 1818
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Carrington and Others v. THE MERCHANTS'INSURANCE CO.Supreme Court of the United States · 1834
- Gardiner v. SmithNew York Supreme Court · 1799
5 more not listed; retrieve them via the Exa API.