Maryland Insurance v. Ruden's Administrator
Supreme Court of the United States
ERROR to the circuit court for the district of Maryland in an action of covenant upon a policy of insurance-upon the cargo of the brig Sally at and fróm Surinam, to New-York. There was no warranty as. to the .character of the property. ' Upon the trial below the plaintiffs in error took three bills of exception; and the verdict and judgment being agdinst them, they brought their writ of error.
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ERROR to the circuit court for the district of Maryland in an action of covenant upon a policy of insurance-upon the cargo of the brig Sally at and fróm Surinam, to New-York. There was no warranty as. to the .character of the property. ' Upon the trial below the plaintiffs in error took three bills of exception; and the verdict and judgment being agdinst them, they brought their writ of error. The cause was .argued by Winder and Martin, for the plaintiff's in error, and by Harper, for the defendant. . The case being fully stated by the Chief Justice in delivering the opinion of the court, it…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion'of the court, as follows:
This case depends on. the correctness of the circuit «ourt in, giving some opinions,'and refusing others, to which, exceptions have been, taken.
It . appears that, on. the 2?d-of October, the,assured received notice of the capture of the vessel insured, and that, on the 25th, h.e wrote, a letter abandoning to the underwriters, which; letter was received in course of the mail, and immediately acted upon. Some reasons were assigned, by the plaintiff below, for not having, abandoned moré immediately after receiving notice of the…
2Cited by25 opinions
- Galloway v. United StatesSupreme Court of the United States · 1943
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- Bates v. StantonThe Superior Court of New York City · 1852
- Muller v. Globe & Rutgers Fire Ins. of New YorkCourt of Appeals for the Second Circuit · 1917
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