Tidmarsh v. Washington Fire & Marine Ins.
U.S. Circuit Court for the District of Massachusetts
Assumpsit [by James H. Tidmarsh] on a policy of insurance, dated the 13th of October, 1S2U, of “$1000 on property on board schooner Emily, at and from Bahia to Halifax,’’ by P. R. Dalton for James H. Tid-marsh. The declaration averred a total loss by perils of +he sea and shipwreck on the 23d of November, 1826. Plea, the general issue.
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Assumpsit [by James H. Tidmarsh] on a policy of insurance, dated the 13th of October, 1S2U, of “$1000 on property on board schooner Emily, at and from Bahia to Halifax,’’ by P. R. Dalton for James H. Tid-marsh. The declaration averred a total loss by perils of +he sea and shipwreck on the 23d of November, 1826. Plea, the general issue. At the trial there ivas no question as to the proprietary interest of the plaintiff, nor as to the totality of the loss, the vessel having been shipwrecked, near Sambro lighthouse, in going into Halifax on the homeward voyage, nor as to the preliminary proofs…
1Opinion of the Court
STORY, Circuit Justice,
in summing up the facts to the jury, said: There being a great conflict of opinion on the testimony upon some of the questions made at the bar, it may be necessary to consider upon whom the burthen of proof lies, for that may naturally influence your verdict. If, upon the whole evidence, the case hangs in great doubt upon any point, then the party, whose duty it is to satisfy your minds beyond a reasonable doubt on that point, having failed to establish it, must, to that extent, surrender his right to a verdict. Now, upon the three points of misrepresentation, negligent…
2Cited by9 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- The TitaniaDistrict Court, S.D. New York · 1883
- The ColimaDistrict Court, S.D. New York · 1897
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