Newburyport Marine Insurance v. Oliver
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money had and received. At the trial, which was had on a review at the term of this Court in November, 1809, before Parker, J., the plaintiffs rested their case on the following facts proved or admitted, viz.: In March, 1800, they insured for the defendants 5000 dollars on the freight of the ship Columbia from Teneriffe to Jamaica. The said ship was laden at Tenerife with a cargo of wine belonging to Mess.
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This was an action of assumpsit for money had and received. At the trial, which was had on a review at the term of this Court in November, 1809, before Parker, J., the plaintiffs rested their case on the following facts proved or admitted, viz.: In March, 1800, they insured for the defendants 5000 dollars on the freight of the ship Columbia from Teneriffe to Jamaica. The said ship was laden at Tenerife with a cargo of wine belonging to Mess. Pollard if Co. of London, which was to be transported to Jamaica at 3Z. sterling per pipe. On her passage the ship was captured by a French privateer,…
1Opinion of the Court
The action was continued to this term for advisement; and now the opinion of the Court was delivered as follows, by
* Sedgwick, J.
In the year 1800, the defendants insured, at the office of the plaintiffs, 5000 dollars on the freight of their ship Columbia, in her voyage from Teneriffe to Jamaica. The ship was laden with wine, the property of Mess. Pollard & Co., a commercial house in London. On her voyage she was captured by a French privateer, and kept in possession more than ninety-six hours; after which she was recaptured by a British cruiser, carried into Antigua, where she was libelled,…
2Cited by4 opinions
- Louison v. FischmanMassachusetts Supreme Judicial Court · 1960
- Sawyer v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1815
- Tucker v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1815
- Parsons v. HallSupreme Judicial Court of Maine · 1824