Donnell v. Columbian Ins. Co.
U.S. Circuit Court for the District of Massachusetts
Assumpsit on a policy of insurance, dated on the 23d of June. 1828, whereby the plaintiffs [John' S. Donnell and others] caused themselves to be insured, lost, or not lost, “$4,500 oil the ship United States, and $10,-500 on property on board said ship, valued at 5 per cent, above the costs and charges, per invoice, at all periods of the voyage, at and 'from Baltimore, to, at, and from all ports and places, in any order of succession, one or more times to the same, between…
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Assumpsit on a policy of insurance, dated on the 23d of June. 1828, whereby the plaintiffs [John' S. Donnell and others] caused themselves to be insured, lost, or not lost, “$4,500 oil the ship United States, and $10,-500 on property on board said ship, valued at 5 per cent, above the costs and charges, per invoice, at all periods of the voyage, at and 'from Baltimore, to, at, and from all ports and places, in any order of succession, one or more times to the same, between Valparaiso and Guayaquil, both inclusive; at and from thence to port or ports in Manilla and Java, and at and from thence…
1Opinion of the Court
STOBY. Circuit Justice.
No question is now before the court, as to any loss on the ship, as far as it is allowed by the auditors, or as to any general average, both of these having been admitted or adjusted between the parties. But the auditors have disallowed certain charges, enumerated in their report, as class fifth of charges for repairs on the ship, viz. materials for deck, outside, ■stanchions, rails, wales, &c., and labor incident thereto. Upon these items the auditors, in their report, made the following remarks. (Here the judge repeated them.) Now, in this view of the matter, the…
2Cited by7 opinions
- Continuous Glass Press Co. v. Schmertz Wire Glass Co.Court of Appeals for the Third Circuit · 1915
- McMannomy v. WalkerAppellate Court of Illinois · 1896
- Soelberg v. Western Assur. Co.Court of Appeals for the Ninth Circuit · 1902
- Providence Washington Ins. v. The SydneyU.S. Circuit Court for the District of Southern New York · 1886
- Van Valkenburgh v. Astor Mutual InsuranceThe Superior Court of New York City · 1857
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