Legal Opinion

Columbian Insurance Company v. Ashby & Stribling

Supreme Court of the United States

Decided February 18, 1839PublishedCited by 41 opinions

IN error to the Circuit Cohrt of the. United States, for the county of Alexandria, in. the District of Columbia. This was an. action instituted in the.

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IN error to the Circuit Cohrt of the. United States, for the county of Alexandria, in. the District of Columbia. This was an. action instituted in the. Gircuit Court of the United States, against the Columbian Insurance Company, for the. purpose of ascertaining whether the plaintiffs, Ashby and Stribling, and Peter Hewit, were entitled to. recover against the cargo, of the brig Hope,.for a contribution for ah average loss; The Columbian Insurance Company were the underwriters on the cargo; and an agreement was-made'between the parties to. the cause, before the-trial, that “without regard to…

1Opinion of the CourtJustice Story

delivered the opinion of the Court.—

This is the case of a writ of error to the Circuit Court of the District of Columbia, for the. county of Alexandria. There are many irregularities in the proceedings on the record; but as, in our judgment, they are all waived or cured by the agreement of the counsel, spread upon the- record, which is, as to the matters in controversy in the suit, conclusive upon the parties, and. constituted the basis of the proceedings at the trial and of the special verdict -on which the judgment was given for the original plaintiffs in the Court below; it is unnecessary…

2Cases cited2 opinions

  1. Caze v. ReillyU.S. Circuit Court for the District of Pennsylvania · 1814
  2. Sims v. GurneySupreme Court of Pennsylvania · 1812

3Cited by41 opinions

  1. Ralli v. TroopSupreme Court of the United States · 1895
  2. United States Steel Corporation v. Barbara J. Fuhrman, Administratrix of the Estate of Arthur J. Fuhrman, DeceasedCourt of Appeals for the Sixth Circuit · 1969
  3. Aktieselskabet Cuzco v. the SucarsecoSupreme Court of the United States · 1935
  4. Star of HopeSupreme Court of the United States · 1870
  5. Aktieselsikabet Fido v. Lloyd BrazilieroCourt of Appeals for the Second Circuit · 1922

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