Homes v. Aery
Massachusetts Supreme Judicial Court
This was an action of assumpsit for the sum of five hundred dollars had and received by the defendant to the use of the plaintiffs The cause was tried, on a review, at the last November term in this county, before Jackson, J. On the trial, it appeared that the defendant, on the 27th of January, 1810, caused a policy of insurance to be effected on the schooner Trial and cargo, owned by him, at • and from Northport, in Penobscot Bay, to Charleston in South Carolina.
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This was an action of assumpsit for the sum of five hundred dollars had and received by the defendant to the use of the plaintiffs The cause was tried, on a review, at the last November term in this county, before Jackson, J. On the trial, it appeared that the defendant, on the 27th of January, 1810, caused a policy of insurance to be effected on the schooner Trial and cargo, owned by him, at • and from Northport, in Penobscot Bay, to Charleston in South Carolina. The policy was underwritten in the office then kept by Mr. Burley, in Boston ; and the plaintiffs subscribed the same for $ 500.…
1Opinion of the CourtParker, C. J.
This is an attempt to try over again a matter, which has been a long time since tried and determined by a tribunal chosen by the parties, in conformity to their mutual agreement in the policy. The same facts, which are now set up as a ground of action, were then insisted upon as a defence against the claim under the *122policy. There can be no doubt, if it had been maintained by evidence, 'the defence would have been successful before the arbitrators.
[*137]' * It appears from the report of the trial, that the underwriters were advertised of their failure of evidence, and tho‘ at opportunity was…
2Cases cited2 opinions
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
3Cited by6 opinions
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
- Louison v. FischmanMassachusetts Supreme Judicial Court · 1960
- Bean v. JonesSuperior Court of New Hampshire · 1835
- Blackwell v. GossMassachusetts Supreme Judicial Court · 1874
- Parsons v. HallSupreme Judicial Court of Maine · 1824
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