Hamilton v. Phœnix Insurance
Massachusetts Supreme Judicial Court
Contract on a time policy of insurance issued by the defendants to the plaintiff upon the ship Charles Cooper, and containing a clause that “ if any dispute shall arise, relating to a loss on this policy, it shall be submitted to the judgment and determination of arbitrators mutually chosen, whose award in writing shall be conclusive and binding on all parties.”
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Contract on a time policy of insurance issued by the defendants to the plaintiff upon the ship Charles Cooper, and containing a clause that “ if any dispute shall arise, relating to a loss on this policy, it shall be submitted to the judgment and determination of arbitrators mutually chosen, whose award in writing shall be conclusive and binding on all parties.” The case was submitted to the judgment of the court on a statement of facts, with authority to draw therefrom such inferenees as a jury might draw, in which it was agreed that there was a reference of the plaintiff’s claim to an…
1Opinion of the CourtGhat, J.
The plaintiff’s objections to the validity of the award set np in bar of this action are based, 1st. upon the want of authority in a ship’s husband to submit to arbitration a claim of loss under a policy of insurance upon the ship; 2d. upon his having no right to delegate to a third person such an authority; and 8d. upon the form of the submission. But we are of opinion that on the case stated by the parties neither of the objections can be sustained.
I. A ship’s husband as such has indeed no authority to obtain insurance on the interest of his part owners. French v. Backhouse, 5 Burr. 2727.…
2Cases cited2 opinions
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1858
- Oldham v. BrannonCourt of Appeals of Kentucky · 1859
3Cited by2 opinions
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Cogswell v. CameronMassachusetts Supreme Judicial Court · 1884