Legal Opinion

Bosley v. Chesapeake Insurance

Court of Appeals of Maryland

Decided December 15, 1831PublishedCited by 9 opinions

Appeal from Baltimore County Court. This was an action of Covenant, brought upon a policy of insurance effected by the appellant, Bosley, with the appellees, The Chesapeake Insurance Company. The original writ was sued out upon the 12th of July, 1823. The plaintiffs declaration contained three counts.

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Appeal from Baltimore County Court. This was an action of Covenant, brought upon a policy of insurance effected by the appellant, Bosley, with the appellees, The Chesapeake Insurance Company. The original writ was sued out upon the 12th of July, 1823. The plaintiffs declaration contained three counts. The first count alleged that on the 12th day of December, 1822, at Baltimore, &c. by a certain policy of insurance, then and there made and sealed with the seal of the Chesapeake Insurance Company aforesaid, which the said Bosley here brings into court, &c. the Chesapeake Insurance Company did…

1Opinion of the CourtDoksey, J.

The first and third bills of exceptions^ on the part of the appellant haying been waived or abandoned^ our duty is to inquire whether there be such error in the County Court’s instruction to the jury, or their refusal of the appellant’s .prayers in his second bill of exceptions, as would require ,a reversal of :their judgment? The propriety of the court’s denial of the several instructions which they were called on to give, will be first examined. - e

The- first prayer presents an hypothetical statemétíf of facts, not enumerating, all which had been proved, but predicated upon, and assuming…

2Cases cited3 opinions

  1. Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
  2. Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
  3. Suydam & Wyckoff v. Marine InsuranceNew York Supreme Court · 1806

3Cited by9 opinions

  1. Oxtoby v. McGowanCourt of Appeals of Maryland · 1982
  2. Williams v. StateCourt of Appeals of Maryland · 1982
  3. Ford v. StateCourt of Appeals of Maryland · 1859
  4. Browne v. BrowneCourt of Appeals of Maryland · 1864
  5. Brinsfield v. HowethCourt of Appeals of Maryland · 1909

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