Whiting ex rel. Sun Mutual Insurance v. Independent Mutual Insurance
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. in this case an action of assumpsit was brought at May term 1855, of the court below, by the appellant, Whiting, against the appellee, on a policy of insurance, made by the defendant, on the 16th of March. 1854, to the amount of §7400, on the barque £íA.
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Appeal from the Superior Court of Baltimore city. in this case an action of assumpsit was brought at May term 1855, of the court below, by the appellant, Whiting, against the appellee, on a policy of insurance, made by the defendant, on the 16th of March. 1854, to the amount of §7400, on the barque £íA. A. Drebert,” valued in the policy at §22,000. Plea non assumpsit. with agreement to waive all objections to the form of action and errors in pleading, and with leave to either party to give in evidence any matter which would be admissible under any form of action or issue. The record also…
1DissentEccleston, J.
This is an action of assubipsit, instituted by James Whiting against the appellees, in the Superior Court of Baltimore city, in May 1855.
A declaration and the plea thereto being filed, the counsel agreed that all objections to the form of action and errors in pleading should be waived, and that either party should be at liberty to give in evidence any matter which might be admissible under any form of action or issue.
James Whiting, the owner of the barque “A. A. Brebert,” on the 15th of March 1854, obtained a policy of insurance upon the vessel, from the Sun Mutual Insurance Company, in which…
2Cases cited5 opinions
- American Insurance v. GriswoldCourt for the Trial of Impeachments and Correction of Errors · 1835
- Merryman v. State at the inst. of Harris ex rel. MurrayCourt of Appeals of Maryland · 1822
- Rawlings v. AdamsCourt of Appeals of Maryland · 1854
- Brown v. Hartford Insurance Co.U.S. Circuit Court for the District of Connecticut · 1808
- Williamson v. Allen ex rel. RistonCourt of Appeals of Maryland · 1830