Meyer v. Great Western Insurance
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. The sale of the cargo was not barratrous, as the ship-master was part owner of the vessel and could not commit barratry. ( Wilson v. General M. Ins. Co., 12 Gusli. 360; 59 Am.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. The sale of the cargo was not barratrous, as the ship-master was part owner of the vessel and could not commit barratry. ( Wilson v. General M. Ins. Co., 12 Gusli. 360; 59 Am. Dec. 188; 2 Arnould on Insurance, 837.) The court erred in admitting in evidence the portion of the letter of Theobald & Co. to the board of underwriters objected to, as it contained the mere opinions of the writers, and was not a part of the res…
1Opinion of the CourtHarrison, J.
The defendant issued its policy of insurance to the plaintiffs in the sum of nine thousand five hundred dollars against an actual total loss of certain merchandise, consisting of coke, coal, soda-crystals, and soda-ash in the ship Melanesia on her voyage from Newcastle-on-Tyne to San Francisco, and also five hundred dollars on commissions and freight profits. The risks against which the insurance was made were the perils of the sea, barratry of the master and mariners, and other perils usually insured against in a policy of marine insurance. The Melanesia sailed from Newcastle on the…
2Cases cited1 opinion
- New Orleans Insurance Company v. Albro CompanySupreme Court of the United States · 1884
3Cited by11 opinions
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- Wayne v. Staples, Inc.California Court of Appeal · 2006
- Waer v. WaerCalifornia Supreme Court · 1922
- Hughes v. GrandyCalifornia Court of Appeal · 1947
- Lummer v. UnruhCalifornia Court of Appeal · 1914
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