Humphreys v. Union Ins. Co.
U.S. Circuit Court for the District of Massachusetts
This was a suit on a policy of insurance of $2000 on the schooner Zephyr and appurtenances, and $1500 on her cargo, at and from Messina to Boston, ■ with liberty to touch at Gibraltar. The .loss stated was a total loss by the perils of the seas.
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This was a suit on a policy of insurance of $2000 on the schooner Zephyr and appurtenances, and $1500 on her cargo, at and from Messina to Boston, ■ with liberty to touch at Gibraltar. The .loss stated was a total loss by the perils of the seas. Upon a summary hearing of the facts, at the last term, the court intimated an opinion, that the plaintiff was not entitled to recover for a total loss, and the cause was, thereupon, by consent, referred to auditors to report and state the loss, with liberty for the plaintiff to argue the case upon the questions of law upon the coming in of the report.…
1Opinion of the Court
STORY, Circuit Justice.
The first question is, as to the right of the plaintiff to recover for a total loss of the vessel. She sustained an injury, the repairs of which cost more than' half her value. A bottomry bond was executed to secure the payment of the amount of the repairs. She sailed on the voyage and safely arrived at ■ Boston. The abandonment was made, while she was on the high seas in the prosecution of her voyage in good safety, a few days only before her arrival in port. She was subsequently proceeded against upon the bottomry bond, sold by a degree of court, and the proceeds…
2Cases cited6 opinions
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- Jumel & Desobry v. Marine InsuranceNew York Supreme Court · 1811
- Adams v. Delaware InsuranceSupreme Court of Pennsylvania · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- International Nav. Co. v. Atlantic Mut. Ins.District Court, S.D. New York · 1900
- Pearse v. Quebec Steam-Ship Co.District Court, S.D. New York · 1885
- Poole v. Protection Insurance Co.Supreme Court of Connecticut · 1840
- Dorr v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1808
- Saurez v. Sun Mutual InsuranceThe Superior Court of New York City · 1849
4 more not listed; retrieve them via the Exa API.