Poole v. Protection Insurance Co.
Supreme Court of Connecticut
This was an action upon a policy of insurance, made on the 14th of February, 1837, for the premium of 400 dollars, on 280 hides belonging to the plaintiffs, from Mobile to New-Yorlt, on board the brig Gen. Warren, and insuring the plaintiffs against the perils of the seas and other risks not necessary to be mentioned.
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This was an action upon a policy of insurance, made on the 14th of February, 1837, for the premium of 400 dollars, on 280 hides belonging to the plaintiffs, from Mobile to New-Yorlt, on board the brig Gen. Warren, and insuring the plaintiffs against the perils of the seas and other risks not necessary to be mentioned. The policy contained a stipulation that the assurers should not be liable for any partial loss on certain enumerated articles, among which were skins and hides, but that the owners of such enumerated articles should recover on a general average, (a) The following were the…
1Opinion of the CourtStorrs, J.
On the facts in this case the plaintiffs claim a right to recover as for a total loss of the whole hides insured.
The policy in question contains what is termed the common memorandum clause, by which it is stipulated, that the defendants shall not be liable for any partial loss on the articles here insured. In order to recover, it is, therefore, necessary, that a total loss should be shewn ; and the question is, whether in this case, there has been such a total loss of the property insured, within the true meaning of a policy of this description.
That the defendants would have been liable for a…
2Cases cited10 opinions
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813
- Maggrath v. ChurchNew York Supreme Court · 1803
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
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3Cited by5 opinions
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Mayo v. India Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
- Delaware Insurance v. Winter, Latimer & Co.Supreme Court of Pennsylvania · 1861
- John M. Gould & Co. v. Louisiana Mutual InsuranceSupreme Court of Louisiana · 1868
- Tudor v. New England Mutual Marine InsuranceMassachusetts Supreme Judicial Court · 1853