Thomas C. Amory & Co. v. Jones
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance on fish, the property of the plaintiffs, on board the brig Rattlesnake, from Boston to Leghorn, upon which the defendant underwrote one thousand dollars. The policy was against the usual risks, with a proviso that the assurers were not to be liable for any partial loss on fish, unless the damage should happen by stranding or bilging, and amount to seven per cent.
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Assumpsit on a policy of insurance on fish, the property of the plaintiffs, on board the brig Rattlesnake, from Boston to Leghorn, upon which the defendant underwrote one thousand dollars. The policy was against the usual risks, with a proviso that the assurers were not to be liable for any partial loss on fish, unless the damage should happen by stranding or bilging, and amount to seven per cent. The plaintiff declared for a total loss by the dangers of the seas, and also by the restraint of princes. The action was tried upon the general issue before Parker, J., at the last November term,…
1Opinion of the CourtParsons, C. J.
On the facts in this case, we are called upon to decide whether there was, or was not, a total loss of the fish, by any of the perils assigned. And it is very clear there was no actual total loss ; a small part was indeed thrown overboard as a jettison ; a moiety perished on board the vessel, either from the water taken in, or from the length of the passage ; and the remainder was sold at Gibraltar.
If there was a constructive total loss, it must have arisen either from the capture of the Spanish privateer, — which cannot be admitted, as the brig was liberated in forty-eight hours, — or from…
2Cited by6 opinions
- Mumford v. ChurchNew York Supreme Court · 1799
- Lapsley v. PleasantsSupreme Court of Pennsylvania · 1812
- Lee v. GrayMassachusetts Supreme Judicial Court · 1811
- Savage v. PleasantsSupreme Court of Pennsylvania · 1813
- Shapley v. TappanMassachusetts Supreme Judicial Court · 1812
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