Church v. Hubbart

6 U.S. 187 (1804)

2 Cranch 187

CHURCH

v.

HUBBART.

Supreme Court of United States.

March 5, 1804.

Stockton, for plaintiff in error.

Adams, for defendant.

If in this case the court had been of opinion, that the circuit court had erred in its construction of the policies, which constitute the ground of action; that is, if we had conceived that the defence set up, would have been insufficient, admitting it to have been clearly made out in point of fact, we should have deemed it right to have declared that opinion, although the case might have gone off on other points; because it is desirable to terminate…