Stocker v. Harris
Massachusetts Supreme Judicial Court
Case upon a policy of insurance effected for the plaintiffs, dated March 18th, 1800, and subscribed by the defendant for 200 dollars, whereby the plaintiffs caused themselves to be assured 5000 dollars on the ship America, cargo and freight, from Boston to •the Canaries, at and from thence to any port or ports in Spanish America, in the Atlantic or Ethiopia ocean, at and from thence to her port [ * 410 ] of* discharge in the United States, under whatever papers she may sail,…
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Case upon a policy of insurance effected for the plaintiffs, dated March 18th, 1800, and subscribed by the defendant for 200 dollars, whereby the plaintiffs caused themselves to be assured 5000 dollars on the ship America, cargo and freight, from Boston to •the Canaries, at and from thence to any port or ports in Spanish America, in the Atlantic or Ethiopia ocean, at and from thence to her port [ * 410 ] of* discharge in the United States, under whatever papers she may sail, at a premium of 25 per cent. And the plaintiffs aver that whilst said ship was sailing and proceeding in the voyage…
1Opinion of the Court
The cause stood continued for advisement, until this term, and now the opinion of the Court (the Chief Justice, having been of counsel for the plaintiffs, did not sit in the cause) was delivered as follows, by
Sewall, J.
(After stating the facts.) The defendant objects against the demand in this action.
1. That the policy is wholly void, for its uncertainty in not speci fying what part of the gross sum insured is applicable to each of the distinct subjects to be protected by the insurance.
2. That the loss did not happen in the course of the voyage insured, or while the ship was under the…
2Cited by5 opinions
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
- Merrill v. Boylston Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1861
- Seccomb v. Provincial InsuranceMassachusetts Supreme Judicial Court · 1865
- Somes v. SkinnerMassachusetts Supreme Judicial Court · 1825