Legal Opinion

Pacific Insurance v. Catlett

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1829PublishedCited by 18 opinions

Error from the supreme court. The action in the supreme court was on a policy of insurance, dated the 2d February, 1818, on the cargo of the brig Sphinx, from Alexandria in the district of Columbia to Canton, and at and from thence back to Alexandria.

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Error from the supreme court. The action in the supreme court was on a policy of insurance, dated the 2d February, 1818, on the cargo of the brig Sphinx, from Alexandria in the district of Columbia to Canton, and at and from thence back to Alexandria. The insurance was effected by Le Roy, Bayard & Co. in N. Y., in pursuance of a letter of instructions from Charles I. Catlett of Alexandria, of the 29t'h January, 1818, requesting them to obtain iusuraiice on joint account of James Keith, junior, and himself, upon the brig Sphinx from Alexandria to Canton and back, against all risks, “ say on…

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

The plaintiffs in error have raised several objections to the recovery, all of which I shall consider, but not in the exact order in which they were argued. As the fifth and the sixth points go to the form of the action *79as to parties and the averment of interest in the declaration, and are also materially connected with the merits of the cause, I shall first examine the questions arising upon those points.

1. Was the action properly brought in the names of Catlett and J. Keith, junior, without joining T. R. Keith as a co-plaintiff? To…

2Cases cited1 opinion

  1. Toppan v. AtkinsonMassachusetts Supreme Judicial Court · 1807

3Cited by18 opinions

  1. Gillespie v. . TorranceNew York Court of Appeals · 1862
  2. Lee v. . AdsitNew York Court of Appeals · 1867
  3. Motley v. Manufacturers' InsuranceSupreme Judicial Court of Maine · 1849
  4. Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
  5. Hart v. WingartIllinois Supreme Court · 1876

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