Silloway v. Neptune Insurance
Massachusetts Supreme Judicial Court
Action of contract upon a policy of insurance, dated March 6th 1852, insuring “ Daniel Silloway & Co. for whom it concerns, payable to D. S. & Co.,” $2500 on one half of the schooner Atlantic, $2300 on one half of her cargo, and $350 on one half of “ the freight on board said schooner,” at and from Portsmouth, N. H., to Guayama, Porto Rico, and thence to port of discharge in the United States.”
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Action of contract upon a policy of insurance, dated March 6th 1852, insuring “ Daniel Silloway & Co. for whom it concerns, payable to D. S. & Co.,” $2500 on one half of the schooner Atlantic, $2300 on one half of her cargo, and $350 on one half of “ the freight on board said schooner,” at and from Portsmouth, N. H., to Guayama, Porto Rico, and thence to port of discharge in the United States.” The schooner was valued in the policy at $5000. The other subjects of insurance were not valued. The policy was in the common Boston form; and provided that the insurers should not be liable “ for any…
1Opinion of the CourtBigelow, J.
The claim of the plaintiffs is founded on an alleged total loss of the vessel and of the cargo and freight covered by the policy declared on.
First, as to the vessel. The defendants do not deny that the facts proved at the trial are sufficient to show a total loss of the subject of insurance. They rest their defence to this part of the plaintiffs’ claim on two other distinct grounds.
1. The first is that there was such misrepresentation and concealment of material facts concerning the condition and situation of the vessel at the time of effecting insurance as to avoid the policy. So far as this…
2Cases cited8 opinions
- Hugg v. Augusta Insurance and Banking Co.Supreme Court of the United States · 1849
- Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Munson v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1808
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gardner v. Continental Ins.Court of Appeals of Kentucky · 1907