Andrews v. Essex Fire & Marine Ins.
U.S. Circuit Court for the District of Massachusetts
In admiralty. This was a libel [by John H. Andrews and another against the Essex Fire & Marine Insurance Company] on a policy of insurance, underwritten by the respondents for the plaintiffs, on the 12th of January, 1819, as follows, viz.
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In admiralty. This was a libel [by John H. Andrews and another against the Essex Fire & Marine Insurance Company] on a policy of insurance, underwritten by the respondents for the plaintiffs, on the 12th of January, 1819, as follows, viz. “the sum of 1000 dollars on the brig Union and appurtenances; also, 4000 dollars on effects on board said brig, from Salem to port or ports in the West Indies, one or more times, for the purpose of selling her outward and procuring a return cargo, and at and from thence to her port of discharge in the United States.” The libel charges that a clause in the…
1Opinion of the Court
STORY, Circuit Justice.
There cannot at ! the present day be any serious doubt that a court of equity has authority to reform a contract, where there has been an omission of a material stipulation by mistake. And a policy of insurance is just as much within the reach of the principle, as any other written contract. Graves v. Boston Marine Ins. Co., 2 Cranch, [6 U. S.] 419; Henkle v. Royal Exch. Assur. Co.. 1 Ves. Sr. 317; Townshend v. Stangroom. 6 Ves. 328, 333; Motteux v. Governor of London Assur. Co., 1 Atk. 545; Ramsbottom v. Gosden, 1 Ves. & B. 165; Watt v. Grove, 2 Sch. & L. 492:…
2Cases cited16 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Cleveland v. Union InsuranceMassachusetts Supreme Judicial Court · 1811
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- The Steamer EclipseSupreme Court of the United States · 1890
- United Transportation & Lighterage Co. v. New York & Baltimore Transp. LineCourt of Appeals for the Second Circuit · 1911
- Southard v. . CurleyNew York Court of Appeals · 1892
- Pacific Surety Co. v. Leatham & Smith Towing & Wrecking Co.Court of Appeals for the Seventh Circuit · 1907
31 more not listed; retrieve them via the Exa API.