Rice v. Homer
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated January 5th, 1810, for $4000 on the hull and appurtenances of the brigantine Ocean, and $6000 on her cargo, at and from Boston to a port or ports ir.
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Assumpsit on a policy of insurance, dated January 5th, 1810, for $4000 on the hull and appurtenances of the brigantine Ocean, and $6000 on her cargo, at and from Boston to a port or ports ir. Europe, for the purpose of discharging her outward and procuring a return cargo, and at and from thence to her port of discharge in the United Slates, with liberty of going to any of the usual places for salt ; at a premium of six per cent., and an addition of one per cent. if she went within the Straits of Gibraltar. The vessel was valued at $6500. The defendant subscribed $1000. It was agreed in the…
1Opinion of the CourtParker, C. J.
[After stating the action, the policy, and the facts agreed.] On these facts the question is now submitted to the Court, whether any, and, if any, what loss is proved ; and the verdict, which was taken by consent of parties, is to be set aside or amended, according to the direction of the Court.
The seizure of the vessel in St. Jean de Luz, not being alleged to have been for a breach of the revenue or other municipal laws of. France, must be viewed as a hostile capture ; so that, if this policy had insured the plaintiffs against capture, there is no doubt the underwriters would have been…
2Cases cited4 opinions
- Schieffelin v. New-York InsuranceNew York Supreme Court · 1812
- Lee v. BoardmanMassachusetts Supreme Judicial Court · 1807
- Patrick v. Commercial InsuranceNew York Supreme Court · 1814
- Williams v. SmithNew York Supreme Court · 1804
3Cited by5 opinions
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- McGuire v. GrantSupreme Court of New Jersey · 1856