Lapham v. Atlas Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance on the schooner Edward at and from Boston to port or ports in the West Indies, and at and thence to a port of discharge in the United States.
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Assumpsit on a policy of insurance on the schooner Edward at and from Boston to port or ports in the West Indies, and at and thence to a port of discharge in the United States. Trial before Shaw C. ,1. The vessel sailed from Boston to the port of Aux Cayes in St. Domingo, thence to the port of Savannah in Georgia, and thence to Boston, and the loss alleged was occasioned by her striking the rocks and going ashore at Scituate, near the entrance of Boston harbour, on the passage from Savannah to Boston. It was in evidence, that when the vessel arrived at Aux Cayes, the master, being unable to…
1Per curiam
The defendants contend that the voyage was terminated at Savannah ; and the first question to be consid ered is, whether that pore was “ a port of discharge in the United States,” according to the true construction of the policy. And in determining the question we are aided by decisions of this Court and of other couits, cited by the counsel for the plaintiffs. The authority upon which they principally rely, is the case of Coolidge v. Gray, 8 Mass. R. 527. There, goods on board a vessel were insured from Boston to her port of discharge in Europe. The policy stated, that the vessel, though…
2Cases cited1 opinion
- Coolidge v. GrayMassachusetts Supreme Judicial Court · 1812