Potter v. Suffolk Ins. Co.
U.S. Circuit Court for the District of Massachusetts
This was the case of a policy of insurance ■dated on 80th of March, 1S30, “for $9000 on the brig Benjamin Ruggles, at and from New York, commencing the risk at noon on the 27th of March, 1S30, to, at and from, all ports and places to which she may proceed, for and during the term of one year from that time,” with a provision for a continuation of the risk if she should be then at sea, Ac. at a premium of 7 per cent.
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This was the case of a policy of insurance ■dated on 80th of March, 1S30, “for $9000 on the brig Benjamin Ruggles, at and from New York, commencing the risk at noon on the 27th of March, 1S30, to, at and from, all ports and places to which she may proceed, for and during the term of one year from that time,” with a provision for a continuation of the risk if she should be then at sea, Ac. at a premium of 7 per cent. Vessel valued at 815,000. The policy contained the usual risks of Boston policies. The declaration contained several counts. (1) For $987.-•58, a proportion of general average…
1Opinion of the Court
STORY, Circuit Justice.
The principal claim now in controversy is for the repairs made at Newport. And the question is, whether, under all the circumstances in the case, they are a loss within the perils in the policy; or rather, as the declaration is framed, whether, it is a loss by the perils of the seas, for which the underwriters are responsible. The brig was built in Newport (Rhode Island), in 1827, of oak and spruce of the first quality, and quite strong and stout. And no evidence exists to show, that she had, during the present, or any former voyage, sustained any such injuries as would…
2Cases cited1 opinion
- Brazier v. ClapMassachusetts Supreme Judicial Court · 1809
3Cited by10 opinions
- Ceballos v. The Warren AdamsCourt of Appeals for the Second Circuit · 1896
- Swift v. Union Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1877
- Moses v. Sun Mutual InsuranceThe Superior Court of New York City · 1852
- J. A. Jones Const. Co. v. Niagara Fire Ins.Court of Appeals for the Fourth Circuit · 1948
- Merchants & Shippers Insurance v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
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