Schultz v. Pacific Insurance
Supreme Court of Florida
Appeal from First Judicial Circuit — Escambia county. The action was instituted by Schultz against the Pacific Insurance Company, to recover the sum of six thousand dollars with interest, being tlie amount of a valued policy of insurance upon the freight of the North German barque “ Mutter Schultz,” on a voyage from Pensacola to England.
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Appeal from First Judicial Circuit — Escambia county. The action was instituted by Schultz against the Pacific Insurance Company, to recover the sum of six thousand dollars with interest, being tlie amount of a valued policy of insurance upon the freight of the North German barque “ Mutter Schultz,” on a voyage from Pensacola to England. The policy was issued to plaintiff, who was two-thirds owner of the vessel, and covers by express terms the interests of all concerned in the subject insured. The declaration is in the usual form, and alleges the making of the policy, the .sailing of the…
1Opinion of the Court
WESTCOTT, J.,
delivered the opinion of the .court.
■ The case presented by this record, with the exception of some objections to the law, as given to the jury by the court, and another to a matter arising upon the record, is a motion' for a new trial based upon a consideration of the entire evidence in the case.-
The position is taken that an appeal 'does not lié from ah order of the Circuit Court, refusing to set aside a verdict and grant a new trial, and that the exercise of such discretion cannot be here reviewed. It is insisted that' granting a new trial is a matter within the discretion of…
2Cases cited12 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
7 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Cloud v. FallisSupreme Court of Florida · 1959
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Abraham v. BaldwinSupreme Court of Florida · 1906
- Gravette v. TurnerSupreme Court of Florida · 1919
- Waller v. First Savings & Trust Co.Supreme Court of Florida · 1931
47 more not listed; retrieve them via the Exa API.