Tucker v. United Marine & Fire Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, for $7000, on the ship Neptune and appurtenances, $ 1000 on her cargo on board, and $2000 on freight, at and from Charleston, South Carolina, to Tonningen or Hamburg. [*289] *The interest of the plaintiff in the ship, cargo, and freight, the seaworthiness of the ship, and the facts stated in the deposition of J. B. Osgood, which came up in the case, were admitted by the parties ; and if the Court should be of opinion, on those facts, that…
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Assumpsit on a policy of insurance, for $7000, on the ship Neptune and appurtenances, $ 1000 on her cargo on board, and $2000 on freight, at and from Charleston, South Carolina, to Tonningen or Hamburg. [*289] *The interest of the plaintiff in the ship, cargo, and freight, the seaworthiness of the ship, and the facts stated in the deposition of J. B. Osgood, which came up in the case, were admitted by the parties ; and if the Court should be of opinion, on those facts, that the plaintiff was entitled to recover for a total loss on the sum insured on the freight, the defendants were to be…
1Per curiam
Upon consideration of this case, and comparing it with the case of Lee & al. vs. Gray, (1) we find nothing to justify a different decision from the one which was made in that case. It was urged upon our consideration in the argument, that the ship, insured ty the policy upon which this action is brought, was captured by a British armed vessel, and forcibly carried into England; whereas, in the other case, there was no actual capture, but a voluntary departure for England upon information of the existence of the French decrees.
We postponed the decision of this cause, in order to ascertain…
2Cases cited2 opinions
- Newburyport Marine Insurance v. OliverMassachusetts Supreme Judicial Court · 1812
- Lee v. GrayMassachusetts Supreme Judicial Court · 1811
3Cited by6 opinions
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
- Delano v. Bedford Marine InsuranceMassachusetts Supreme Judicial Court · 1813
- Mumford v. ChurchNew York Supreme Court · 1799
- Lee v. GrayMassachusetts Supreme Judicial Court · 1811
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