Sawyer v. Maine Fire & Marine Insurance
Massachusetts Supreme Judicial Court
This was an action of the case upon a policy of insurance, dated March 20th, 1812, for $6000, upon the brig Lydia, valued at $7000, at and from Portland to one or more ports in the West Indies, and at and from thence to her port of discharge in the United States, against capture and condemnation only.
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This was an action of the case upon a policy of insurance, dated March 20th, 1812, for $6000, upon the brig Lydia, valued at $7000, at and from Portland to one or more ports in the West Indies, and at and from thence to her port of discharge in the United States, against capture and condemnation only. The plaintiffs declared for a total loss by capture, in the first count, by a vessel unknown belonging to citizens of Hispaniola ; and, in the second count, by pirates, rovers, &c., on the 19th of April, 1812. On the trial before Putnam, J, at the sittings here by adjournment of the last October…
1Opinion of the Court
Parker, C.
J. The decree offered in this case, as conclusive evidence of a violation of blockade by the vessel insured, cannot be held so to operate. Indeed, it may be doubtful whether it ought to have been admitted at all.
Waiving all question as to the character of the government, under which the seizure of the vessel and the decree of forfeiture took place, it certainly is essentially defective when attempted to be applied to this contract of insurance.
For it does not appear that any libel was filed, any monition issued, any hearing had, or that any of those formalities had taken place,…
2Cases cited1 opinion
- Newburyport Marine Insurance v. OliverMassachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- Tahan v. HodgsonCourt of Appeals for the D.C. Circuit · 1981
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- Bradstreet v. Neptune Ins.U.S. Circuit Court for the District of Massachusetts · 1839
- Linnie Lindsey, Barbara Hodgens and Pamela Ray v. Joseph Greene and Unknown Deputy SheriffsCourt of Appeals for the Sixth Circuit · 1981
- Burnham v. WebsterU.S. Circuit Court for the District of Maine · 1846
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