Shapley v. Tappan
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated December 5, 1809, whereby the plaintiff caused himself to be insured the sum of 2000 dollars “ on the brig Joseph from Boston to Tonningen; ” the vessel being valued at 4500 dollars. Premium fifteen per cent. The policy was against the usual risks, and the defendant subscribed 300 dollars. The declaration contained several counts.
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Assumpsit on a policy of insurance, dated December 5, 1809, whereby the plaintiff caused himself to be insured the sum of 2000 dollars “ on the brig Joseph from Boston to Tonningen; ” the vessel being valued at 4500 dollars. Premium fifteen per cent. The policy was against the usual risks, and the defendant subscribed 300 dollars. The declaration contained several counts. In the first, the loss is thus stated: — “ And the said Shapley further avers that, before the date of said policy, viz., on the second day of December in the year of our Lord 1809, the said brigantine departed from the port…
1Opinion of the Court
The action stood continued nisi for the opinion of the Court, which was delivered at an adjournment of the March term in Suffolk, by
Parker, J.
The insurance in this case is “ upon the brig Joseph from Boston to Tonningen.” The plaintiff claims as for a total loss, and also for a partial loss occasioned by expenses in endeavoring to get the vessel from Gluckstadt, on the River Elbe, and for the maintenance of the vessel and crew, after the unlading and delivery of her cargo to the consignee of the freighters at Gluckstadt.
The ground upon which the plaintiff insists upon his right to recover is,…
2Cases cited10 opinions
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
- King v. Delaware InsuranceSupreme Court of the United States · 1810
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Smith v. Universal InsuranceSupreme Court of the United States · 1821
- Neilson v. Columbian InsuranceNew York Supreme Court · 1806
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lee v. GrayMassachusetts Supreme Judicial Court · 1811