Washington Insurance v. White
Massachusetts Supreme Judicial Court
Contract to recover an additional premium on a policy of insurance issued by the plaintiffs to the defendant on the ship Louis Walsh, for one year from August 17,1867, and containing this clause: “ If on a passage at the end of the term, the risk to continue at pro rata premium until twenty-four hours after arrival at port of destination, and no longer.”
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Contract to recover an additional premium on a policy of insurance issued by the plaintiffs to the defendant on the ship Louis Walsh, for one year from August 17,1867, and containing this clause: “ If on a passage at the end of the term, the risk to continue at pro rata premium until twenty-four hours after arrival at port of destination, and no longer.” The case was submitted to the judgment of the superior court, and, on appeal, of this court, upon the following agreed facts: “ At the end of the year the Louis Walsh was at Callao, having sailed from the Chincha Islands the day previous. She…
1Opinion of the CourtGray, J.
It is doubtless true, as argued by the learned counsel for the plaintiffs, that if this vessel had been insured by a voyage policy from Callao to the Chincha Islands and thence to another port, the going into Callao, after leaving the Chincha Islands, for a clearance and a supply of water and change of crew, would not have been a deviation, if it was in the usual course of trade upon such a voyage. Parsons v. Manufacturers' Insurance Co. 16 Gray, 463. Harrower v. Hutchinson, Law Rep. 4 Q. B. 523. But it by no means follows that while in the port of Callao for that purpose, she was on a…
2Cases cited1 opinion
- Wood v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Barnes Safe & Lock Co. v. Bloch Bros. Tobacco Co.West Virginia Supreme Court · 1893
- Eisenhart v. OrdeanColorado Court of Appeals · 1893
- Eisenhart v. OrdeanColorado Court of Appeals · 1893