Hazard v. New England Marine Ins.
U.S. Circuit Court for the District of Massachusetts
•Assumpsit on a policy of insurance, dated 26th December, 1827, whereby the defendants caused to be assured Josiah Bradiee & (3o., for Thomas Hazard, Junior, of New York, fifteen thousand dollars on the ship Dawn, and outfits, at and from New York to the Pacific Ocean and elsewhere, on a whaling voyage, during her stay and fishing, and until her return to New York, or port of discharge in the United States, with liberty, &c.
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•Assumpsit on a policy of insurance, dated 26th December, 1827, whereby the defendants caused to be assured Josiah Bradiee & (3o., for Thomas Hazard, Junior, of New York, fifteen thousand dollars on the ship Dawn, and outfits, at and from New York to the Pacific Ocean and elsewhere, on a whaling voyage, during her stay and fishing, and until her return to New York, or port of discharge in the United States, with liberty, &c. The declaration contained various counts, stating a total loss of the vessel, and a partial loss of the cargo, and also a partial damage to the vessel by perils of the…
1Opinion of the CourtStory, Circuit Justice
(charging jury). The first question arising in this case is, whether the abandonment is sufficient in its form and substance. The letter of abandonment is dated the 28th of July, 1830, and after stating that a letter had been received from Captain Gardiner, the master of the vessel insured, of which it annexes a copy, adds, we hereby abandon to the underwriters on that ship and outfits, the interest insured. The letter of Captain Gardiner states nothing farther in relation to the loss of the ship, than is contained in the following.passages: “The unfortunate situation I have been placed in by…
2Cited by18 opinions
- Utley v. DonaldsonSupreme Court of the United States · 1877
- Wardell v. WilliamsMichigan Supreme Court · 1886
- Cummer v. ButtsMichigan Supreme Court · 1879
- Eads v. City of CarondeletSupreme Court of Missouri · 1867
- Paine v. Pacific Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1892
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