Hall v. Ocean Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated December 4th, 1835, whereby the defendants insured the sum of $2000 on the brig Alvara, valued at $ 4000, including premium, for the term of one year from the 29th of November, 1835. The premium was at the rate of seven per cent.
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Assumpsit on a policy of insurance, dated December 4th, 1835, whereby the defendants insured the sum of $2000 on the brig Alvara, valued at $ 4000, including premium, for the term of one year from the 29th of November, 1835. The premium was at the rate of seven per cent. At the trial, before Shaw C. J., it appeared, that the vessel sailed on a voyage from Frankfort, in Maine, to Porto Rico, during the year for which she was insured ; that she was a low-decked vessel; that in the course of such voyage, her stern boat was carried away from the stern davits, during a gale, and she sustained sea…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. This is an action upon a policy of insurance, for $ 2,000 upon the brig Alvara, valued in the policy (premium included) at $ 4,000. The risk was for one year, and it was proved that within the year, on her passage to the West Indies, sea damage was sustained to a .considerable extent, which rendered it necessary for her to go to Bermuda in distress, to be repaired. Two surveys *478were there had, and the result was, that the captain undertook to sell the brig. And the question is, whether there was a legal necessity for the sale. If there was, the…
2Cases cited1 opinion
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
3Cited by5 opinions
- Lenfest v. ColdwellCourt of Appeals for the Second Circuit · 1975
- Dennis v. Home Ins.District Court, S.D. New York · 1905
- Lenfest v. ColdwellCourt of Appeals for the Second Circuit · 1977
- Inez H. Lenfest and Marine Midland Grace Trust Company of New York, as Executors of the Estate of Harold C. Lenfest, and Kenneth F. Yarrington v. Harold W. Coldwell, Ferro--Bet Corporation of America v. Harold W. ColdwellCourt of Appeals for the Second Circuit · 1975
- Inez H. Lenfest and Marine Midland Grace Trust Company of New York, as Executors of the Estate of Harold C. Lenfest, and Kenneth F. Yarrington v. Harold W. Coldwell, Ferro-Bet Corporation of America v. Harold W. ColdwellCourt of Appeals for the Second Circuit · 1977