M'Dermott v. United States Insurance
Supreme Court of Pennsylvania
New Trial. THIS was an action upon a policy of insurance, tried before Duncan J. at Nisi Prius, in which a verdict was taken for the defendants, subject to the opinion of the Court on the points reserved. The declaration contained a count for money had and received. The policy was on goods shipped in the schooner Emily, and the plaintiff on the trial claimed for a loss and gave evidence of it.
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New Trial. THIS was an action upon a policy of insurance, tried before Duncan J. at Nisi Prius, in which a verdict was taken for the defendants, subject to the opinion of the Court on the points reserved. The declaration contained a count for money had and received. The policy was on goods shipped in the schooner Emily, and the plaintiff on the trial claimed for a loss and gave evidence of it. The defendants then gave in evidence an agreement in writing, signed by the plaintiff and defendants in. June, 1810, to refer all matters in dispute between them to three persons therein named, whose…
1Opinion of the Court
Tilghman C. J.
This is an action on a policy of insurance, on goods shipped in the schooner Emily. The plaintiff proved a loss, and the defendant then gave in evidence an award by arbitrators, chosen by the parties. The award is short, and in the following words. “ The referees within named, having examined all the evidence offered by the parties, are of opinion, that proof has not been produced sufficient to establish a claim against the United States Insurance Company, for loss on the policies, No. 2268, and 2269, dated 6th December, 1809, per schooner Emily, captain De Weever.” The…
2Cases cited2 opinions
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Miller v. MillerSupreme Court of Pennsylvania · 1812
3Cited by2 opinions
- Iddings v. IddingsSupreme Court of Pennsylvania · 1821
- Stephen v. WalkerCourt of Appeals of Kentucky · 1848