Davis v. Boardman
Massachusetts Supreme Judicial Court
This was an action of assumpsit brought upon a policy of insurance upon the brg Eliza and cargo, underwritten by the defendant, in which the plaintiff declares for a total loss. The cause was submitted to the opinion of the Court upon the following facts.
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This was an action of assumpsit brought upon a policy of insurance upon the brg Eliza and cargo, underwritten by the defendant, in which the plaintiff declares for a total loss. The cause was submitted to the opinion of the Court upon the following facts. The policy declared on was executed on the 31st of January, 1810, and states, that “ Mr. Samuel Davis, or as agent, doth make insurance, and cause to be insured, lost or not lost, the sum of $ 3000 on the hull and appurtenances of the brig Eliza, and $ 1000 on her cargo from Bath to Cork.” The policy is in the usual form, and at the foot…
1Opinion of the CourtJackson, J.
The principal question in this case turns upon the construction of the memorandum at the foot of the policy declared on. It seems impossible to doubt as to the intention of the parties in making it. The plaintiff had sent orders to London to effect insurance there on the property in question, or on sonrft iart of it; but, it being necessarily uncertain whether those orders would be received and be executed by his agent in London, before intelligence of the safe arrival of the vessel, or of a loss, should reach that place, he wished to have conditional insurance made, to take effect in that…
2Cited by15 opinions
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Parker v. DanforthMassachusetts Supreme Judicial Court · 1820
- Plahto v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1866
- United Engineering & Contracting Co. v. BroadnaxCourt of Appeals for the Second Circuit · 1905
- Ward v. WoodMassachusetts Supreme Judicial Court · 1816
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