Legal Opinion

Taber v. China Mutual Insurance

Massachusetts Supreme Judicial Court

Decided June 30, 1881PublishedCited by 8 opinions

Actions of contract on four policies of insurance, the first for $4500, and each of the others for $2250, upon the barque Joseph Maxwell and whaling outfits, on each interest in proportion as valued, “ wherever she may go on a whaling voyage; ” three of the policies at and from New Bedford, January 13, 1872, until her return to New Bedford if on or before January 18, 1876, and the policy of the Orient Company at and from San Francisco on December 11,1872, until her return to…

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Actions of contract on four policies of insurance, the first for $4500, and each of the others for $2250, upon the barque Joseph Maxwell and whaling outfits, on each interest in proportion as valued, “ wherever she may go on a whaling voyage; ” three of the policies at and from New Bedford, January 13, 1872, until her return to New Bedford if on or before January 18, 1876, and the policy of the Orient Company at and from San Francisco on December 11,1872, until her return to New Bedford if on or before January 16, 1876. In the margin of each policy, the vessel was valued at $11,000 and the…

1Opinion of the Court

Gray, 0. J.

The barque Joseph Maxwell, while on a whaling voyage, by a succession of sea perils, continuing for nearly four months, with no opportunity to repair, first coming in contact with the ice in the Arctic Ocean, then going upon a shoal, and afterwards meeting a succession of heavy gales and cross seas, which made her leak badly, was greatly injured in her hull and rigging, and at last put into Honolulu, and being found upon a survey to have suffered damage by perils insured against to such a degree as, after all due allowances, to exceed half her valuation in the policies, and to…

2Cases cited16 opinions

  1. The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
  2. Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
  3. Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
  4. The AmelieSupreme Court of the United States · 1868
  5. Paddock v. Commercial InsuranceMassachusetts Supreme Judicial Court · 1870

11 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
  2. Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
  3. Hartford Fire Ins. Co. v. Empire Coal Min. Co.Court of Appeals for the Eighth Circuit · 1929
  4. United States ex rel. Franklin Paint Co. v. KaganDistrict Court, D. Massachusetts · 1955
  5. St. Paul Fire & Marine Ins. Co. v. American Food Products Co.Court of Appeals for the Eighth Circuit · 1927

3 more not listed; retrieve them via the Exa API.

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