Fuller v. Kennebec Mutual Insurance
Supreme Judicial Court of Maine
Assumpsit on a valued policy of insurance on the plaintiff’s schooner. She met a disaster near Yera Cruz, on the 26th March, 1847. A survey was called, and the vessel was condemned and sold, on the 5th of April. An offer to abandon was made on the 22d of April. The question was, whether the plaintiff is entitled to recover for a constructive total loss or only for a partial loss.
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Assumpsit on a valued policy of insurance on the plaintiff’s schooner. She met a disaster near Yera Cruz, on the 26th March, 1847. A survey was called, and the vessel was condemned and sold, on the 5th of April. An offer to abandon was made on the 22d of April. The question was, whether the plaintiff is entitled to recover for a constructive total loss or only for a partial loss. The follojwing instructions were requested but not given. 1. That the fact that the vessel was, immediately after the accident at Yera Cruz, repaired and carried to New Orleans, and then to Bath, is sufficient proof…
1Opinion of the CourtHoward, J.
The only question presented at the trial was, whether the plaintiff was entitled to recover, on a policy of insurance, for a partial, or for a constructive total loss of his vessel.
The verdict was for the plaintiff, for a total loss, under instructions from the court to which no exceptions have been taken, and which must now be deemed to have been appropriate. But, by the terms of the report, the verdict is to be set aside, if any of the requests for instructions, which were refused, should have been granted.
1. Though the vessel was repaired by the purchaser at the port of disaster, and soon…
2Cases cited5 opinions
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Rhinelander v. Insurance Co. of PennsylvaniaSupreme Court of the United States · 1807
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Marshall v. Delaware InsuranceSupreme Court of the United States · 1808
3Cited by1 opinion
- Amok Gold Mining Co. v. Canton Insurance OfficeCalifornia Court of Appeal · 1918