Bryant v. Ocean Insurance
Massachusetts Supreme Judicial Court
This was an action on a policy of insurance dated on the 10th of January, 1837, whereby the defendants caused the plaintiffs to be insured the sum of $ 9000 on the brig Hope, for one year, to all ports and places.
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This was an action on a policy of insurance dated on the 10th of January, 1837, whereby the defendants caused the plaintiffs to be insured the sum of $ 9000 on the brig Hope, for one year, to all ports and places. The trial was before Shaw C. J. It appeared that the brig, which was a new vessel, sailed, after the policy attached, from Damariscotta for New Orleans, and was totally lost and abandoned at sea in March, 1837. The defence relied on was, that prior to and at the time ot effecting the insurance, Cushing Bryant, who acted as agent of the plaintiffs for this purpose, made a…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The sole question in this case is, whether there was any such misrepre sentation made to the defendants by one of the plaintiffs, in his application for insurance, as will by law avoid the policy.
*203The defendants offered to prove, that prior to, and at the time of making the insurance, Cushing Bryant, who acted as agent for the other plaintiffs, made a representation to the defendants, that he was then taking in paving stones for ballast, and should fill up with bay for New Orleans ; but that in fact a full cargo of paving stones was taken in, whereby…
2Cases cited1 opinion
- Whitney v. HavenMassachusetts Supreme Judicial Court · 1816