Locke v. North American Insurance
Massachusetts Supreme Judicial Court
This was assumpsit upon a policy of insurance, dated the 19th of February, 1813, by which the defendants cause the said “ Joseph Locke, by John Barnard, to be assured $ 2300, on property on the sloop General Greene, at and from Boston to Albany.”
Read the full summary
This was assumpsit upon a policy of insurance, dated the 19th of February, 1813, by which the defendants cause the said “ Joseph Locke, by John Barnard, to be assured $ 2300, on property on the sloop General Greene, at and from Boston to Albany.” A total loss is averred by capture by the public enemy on the 8th of March, 1813. The cause was tried upon the general issue, November term, 1814, before Jackson, J., when it appeared, that the plaintiff, in February, 1813, was about purchasing a quantity of fish to be sent to Albany for sale, and applied to the said John Barnard for a loan of money,…
1Opinion of the CourtParker, C. J.
All the facts necessary to be proved, to entitle the plaintiff to recover, appear to have been established at the trial; provided an insurable *58interest existed in him, and there was no concealment of any material fact at the time the insurance was effected. If these two points are in the plaintiff’s favor, judgment is to be rendered upon the verdict; unless Barnard, a witness examined at the trial, was incompetent from interest in the cause, and ought to have been rejected.
As the proof of interest depends in some measure upon the testimony of this witness, it will be proper first to settle…
2Cases cited2 opinions
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
- Livermore v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1804
3Cited by17 opinions
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
12 more not listed; retrieve them via the Exa API.