Haven v. Gray
Massachusetts Supreme Judicial Court
This action was assumpsit upon a policy of insurance, dated March 19th, 1811, by which the defendant assured for the plaintiffs $ 11,000 upon 100 bales of Louisiana cotton, valued at $94 each, and 25 tons of logwood, valued at $80 per ton, on board the ship Alfred, at and from Portsmouth, in New Hampshire, to one or more ports in Europe, north and east of the Elbe, one or more times, for the purpose of disposing of her outward, and procuring a return cargo, and at and from…
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This action was assumpsit upon a policy of insurance, dated March 19th, 1811, by which the defendant assured for the plaintiffs $ 11,000 upon 100 bales of Louisiana cotton, valued at $94 each, and 25 tons of logwood, valued at $80 per ton, on board the ship Alfred, at and from Portsmouth, in New Hampshire, to one or more ports in Europe, north and east of the Elbe, one or more times, for the purpose of disposing of her outward, and procuring a return cargo, and at and from thence, to her port of discharge in the United States, at a premium of twenty per cent. ; the assured f * 72 ] agreeing,…
1Opinion of the CourtParker, C. J.
[After stating the policy, and the facts at the trial.] The defendant insists, that he is not liable, because the return cargo was not the proceeds of the merchandise insured.
We cannot give so narrow and confined a construction to the policy. The intention of the parties was unquestionably to have insured $ 11,000, on property on board the vessel out and home, and the premium was taken with that view. It is difficult to imagine how the underwriter can suppose, that, whether the return cargo was procured by the sale or exchange of the outward cargo, or by a deposit of the outward cargo and a…
2Cases cited1 opinion
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
3Cited by10 opinions
- Sawyer v. Dodge County Mutual InsuranceWisconsin Supreme Court · 1875
- Fardal v. SatreSupreme Court of Iowa · 1925
- Dow v. WhettenCourt for the Trial of Impeachments and Correction of Errors · 1831
- Hunt v. WilliamsIndiana Supreme Court · 1891
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
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