Legal Opinion

Hugg v. Augusta Insurance and Banking Co.

Supreme Court of the United States

Decided March 18, 1849PublishedCited by 30 opinions

This case came up, on a certificate of division, from the Circuit Court- of the United States for the District of Maryland. The Reporter finds the following statement prefixed to the opinion of the court, as .delivered by Mr. Justice Nelson.

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This case came up, on a certificate of division, from the Circuit Court- of the United States for the District of Maryland. The Reporter finds the following statement prefixed to the opinion of the court, as .delivered by Mr. Justice Nelson. This is an action upon a policy of insurance on the freight of the barlf Margaret Hugg, at and from Baltimore to Rio Janeiro, and back to Havana or Matanzas, with liberty to touch and stay at any intermediate port in case of stress of weather, or for the purpose of transacting business. The amount $ 5,000; premium, $> 158.25. The policy contained the…

1Opinion of the CourtJustice Nelson

The first point 'certified, upon the assumptions stated, involves the question, whether the underwriter of a policy upon freight of goods warranted free from average is liable, as for a total loss, unless the goods be actually destroyed by one of the perils insured against, so as to be incapable of shipment to the port of destination; or whether a total loss may result at the port of distress from the goods having been so much damaged, that, if sent on, they would become of no value at the time they reached the'»port of destination'; and hence, instead of being sent on, may be sold for the…

2Cases cited10 opinions

  1. Morean v. United States InsuranceSupreme Court of the United States · 1816
  2. Columbian Insurance v. CatlettSupreme Court of the United States · 1827
  3. American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
  4. Maggrath v. ChurchNew York Supreme Court · 1803
  5. Davy v. HallettNew York Supreme Court · 1805

5 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Bankers Life & Cas. Co. v. CrenshawMississippi Supreme Court · 1985
  2. Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
  3. Williams v. Hartford Ins. Co.California Supreme Court · 1880
  4. Shirk v. ThomasIndiana Supreme Court · 1889
  5. Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900

25 more not listed; retrieve them via the Exa API.

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