Kohne v. Insurance Co. of North America
U.S. Circuit Court for the District of Pennsylvania
[This was an action of trover by Kohne against the Insurance Company of North America for a policy of insurance. There was a verdict for the plaintiff. Case No. 7.920. A motion for a new trial was made by defendant, and granted. Case No. 7,921. It is now heard upon the new trial.] This cause came on to be re-tried at this term.
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[This was an action of trover by Kohne against the Insurance Company of North America for a policy of insurance. There was a verdict for the plaintiff. Case No. 7.920. A motion for a new trial was made by defendant, and granted. Case No. 7,921. It is now heard upon the new trial.] This cause came on to be re-tried at this term. The evidence given at the last term, was again produced, and in addition thereto, a complete record of the proceedings in the vice admiralty court at Halifax, was produced, and read. In it is stated at length, the following papers. A passport from the Spanish consul,…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). I am much pleased that a new trial was granted in this cause. I was not satisfied with the verdict, yet I felt some little hesitation about setting it aside; not knowing whether the jury went upon the immale-rialty of the circumstance of not landing the cargo, to the risk; or upon some legal point on which the court had charged them. But I was principally influenced by the importance of the question,.and an expectation that the evidence would he more complete: and the counsel would be better prepared to devote their attention to the only question in the cause. In both…
2Cited by3 opinions
- Kidd v. FlaglerU.S. Circuit Court for the District of Northern New York · 1893
- Hamblet v. City Ins. Co.District Court, W.D. Pennsylvania · 1888
- Tremaine v. Phoenix Assurance Co.California Court of Appeal · 1935