Ross v. New England Mutual Insurance
Massachusetts Supreme Judicial Court
Bill in equity, filed March 25, 1874, to reform a policy of marine insurance. The bill alleged that the plaintiff, being the owner of the ship Oneida, on June 28, 1872, procured from the defendant a policy of insurance on said vessel for one year, in the sum of $5000; that the policy contained the clause “ prohibited from the river and gulf of St. Lawrence, Northumberland Straits, Cape Breton, Pictou and Black Sea, between October 1 and May 1; that in September, 1872,…
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Bill in equity, filed March 25, 1874, to reform a policy of marine insurance. The bill alleged that the plaintiff, being the owner of the ship Oneida, on June 28, 1872, procured from the defendant a policy of insurance on said vessel for one year, in the sum of $5000; that the policy contained the clause “ prohibited from the river and gulf of St. Lawrence, Northumberland Straits, Cape Breton, Pictou and Black Sea, between October 1 and May 1; that in September, 1872, expecting the ship to arrive at Quebec, he sent the policy to his agent in Boston, inclosed in a letter as follows: “ Quebec,…
1Opinion of the CourtGray, C. J.
Under our present system, as by the English practice, an order in equity, granting or refusing a motion for issues to a jury, is subject to revision on appeal. Stockbridge Iron Co. v. Hudson Iron Co. 102 Mass. 45. Hampson v. Hampson, 3 V. & B. 41, 43. Nicol v. Vaughan, 5 Bligh N. R. 505 S. C. 2 Dow & Cl. 420. But in the case before us no cause ia shown for reversing the order below.
*117In a suit in equity, the plaintiff, at least, has no absolute right to a trial by jury; but when he avails himself of the jurisdiction in equity conferred by the Legislature upon this court, to obtain a remedy…
2Cases cited3 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Dale v. RooseveltNew York Court of Chancery · 1822
3Cited by20 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Matsushita Electric Corp. of America v. Sonus Corp.Massachusetts Supreme Judicial Court · 1972
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- Bourke v. CallananMassachusetts Supreme Judicial Court · 1893
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
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