Legal Opinion

Fleming v. Marine Insurance

Supreme Court of Pennsylvania

Decided March 15, 1842PublishedCited by 1 opinion

THIS was a motion for- a'new trial, in an action of covenant, brought by Joseph Fleming against the Marine Insurance Company, tried before Mr Justice Sergeant, in which a verdict was rendered for the plaintiff! The declaration stated a valued policy in the usual form, for account of whom it might concern, dated the 16th January 1827, in the name of Joseph Fleming, on goods, lost or not lost, in the sum of $5000, on board the brig Seneca, in her voyage from New York to…

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THIS was a motion for- a'new trial, in an action of covenant, brought by Joseph Fleming against the Marine Insurance Company, tried before Mr Justice Sergeant, in which a verdict was rendered for the plaintiff! The declaration stated a valued policy in the usual form, for account of whom it might concern, dated the 16th January 1827, in the name of Joseph Fleming, on goods, lost or not lost, in the sum of $5000, on board the brig Seneca, in her voyage from New York to Havana. It contained an averment that the insurance was made by order and per account of John Macia, who was interested to the…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The only material questions raised by these reasons for a new trial, are: Was the master’s protest properly rejected in the first instance; and was there, without it, any evidence at all to support the allegation of loss from a peril of the sea 1 In all beside, the reasons are either immaterial or unfounded.

That a mariner’s protest is competent evidence of the facts set forth in it on the trial of an insurance cause, is an anomaly peculiar to the law of our own state; for it is elsewhere only one of the preliminary proofs of loss which the…

2Cases cited1 opinion

  1. Garrigues v. CoxeSupreme Court of Pennsylvania · 1809

3Cited by1 opinion

  1. Adams v. ScheibSupreme Court of Pennsylvania · 1962

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