Merchants Mutual Ins. v. Butler
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City : This was an action of trespass on the case brought by the appellees against the appellants, in the Superior Court of Baltimore City, on the 6th of August 1856, on a policy of insurance issued May 15th, 1855. The defendants pleaded the general issue, and an agreement was afterwards filed waiving all errors of pleading and allowing the defendants “to give in evidence any defence that could be made by any special plea or…
Read the full summary
Appeal from the Superior Court of Baltimore City : This was an action of trespass on the case brought by the appellees against the appellants, in the Superior Court of Baltimore City, on the 6th of August 1856, on a policy of insurance issued May 15th, 1855. The defendants pleaded the general issue, and an agreement was afterwards filed waiving all errors of pleading and allowing the defendants “to give in evidence any defence that could be made by any special plea or pleas.” The testimony in the case is-stated in the opinion of this Court. Exception. At the trial of the cause the defendants…
1Opinion of the Court
Bartol, J\,
delivered the opinion of this Court:
This action was. instituted by the appellee on a policy of insurance, underwritten on the 15th day of May 1855, by the appellant, upon freight to the amount of $5000, of the ship Vandalia, on her then voyage. By the charter-party, made at Montevideo on the the 11th day of December 1854, by Zumeran and Co., the^gents of the Peruvian Government, the voyage was to begin at the port of Callao in Peru; whence the ship was to proceed to the Chincha Islands, and there taking in a full and complete cargo of guano, was to proceed to Callao for a final…
2Cases cited3 opinions
- Jordan v. Warren Ins.U.S. Circuit Court for the District of Massachusetts · 1840
- Georgia Insurance & Trust Co. v. DawsonCourt of Appeals of Maryland · 1844
- Tiernan v. Rescaniere's Adm'rs.Court of Appeals of Maryland · 1838
3Cited by2 opinions
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Western Assurance Co. v. Chesapeake Lighterage & Towing Co.Court of Appeals of Maryland · 1907