Charleston Insurance & Trust Co. v. Corner
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of assumpsit, commenced on the 31st December 1839, by the appellees against the appellants.
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Appeal from Baltimore County Court. This was an action of assumpsit, commenced on the 31st December 1839, by the appellees against the appellants. The plaintiffs declared, <3n the policy mentioned in the bill of exceptions, and assigned as a breach of the contract, that heretofore, to wit, on the 20th February 1839, divers goods of great value had been and were shipped and loaded at Monte, Video, in and on board the said brig or vessel, in the said policy of insurance mentioned, to be carried and conveyed therein, on and for freight in and during said voyage, to wit, at the county aforesaid,…
1Opinion of the CourtChambers, J.
The instructions asked by the appellee, who was plaintiff below, were not based on an assumed state of facts, to be submitted to the consideration of the jury. They were moved, it would seem, in the confidence, that as the evidence wras uncontradicted, the jury could not do otherwise than find the facts accordingly.
They are, in effect, an assertion by the court, in the first and second instructions, that the Eliza Davidson was captured and detained by thePerle; and in the third instruction, that Corrientes was blockaded on and after the ship’s release at Monte Video. Doubtless the jury would…
2Cited by11 opinions
- Williams v. DickensonSupreme Court of Florida · 1891
- The Jewel Tea Co. v. WeberCourt of Appeals of Maryland · 1918
- Alexander v. TingleCourt of Appeals of Maryland · 1943
- McCosker & Molloy v. BanksCourt of Appeals of Maryland · 1896
- Coastwise Shipbuilding Co. v. TolsonCourt of Appeals of Maryland · 1918
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