Fire Insurance Ass'n of England v. Merchants & Miners' Transportation Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case was tried before the Court without the intervention of a jury, and is stated in the opinion of this Court.
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Appeal from the Superior Court of Baltimore City. The case was tried before the Court without the intervention of a jury, and is stated in the opinion of this Court. First Exception. — At the trial the plaintiff offered in evidence the following agreement: Agreement between the Mechanics Insurance Co., of Philadelphia, Pa., of the one part, and the Merchants and Miners Transportation Co., of the City of Baltimore and State of Maryland, of the other part: It is agreed, in •consideration of the forbearance of the party of the second part, not to institute suit against the party of the first…
1Opinion of the CourtMiller, J.
This appeal is from a judgment for $47|77.49, recovered hy the appellee against the appellant in an action on an insurance policy, issued hy the latter to the former on the 1st of November, 1883. The case was tried before the Court without a jury, and two exceptions were taken, one to the admissibility of evidence, and the other to rulings upon propositions of law. Of the two main questions which these exceptions present for review, one goes to the right of recovery to any extent, and the other raises the *345question of contribution under the seventh condition of the policy.
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2Cases cited2 opinions
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Hough v. President of the People's Fire InsuranceCourt of Appeals of Maryland · 1872
3Cited by27 opinions
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Wagner & Chabot v. Westchester Fire InsuranceTexas Supreme Court · 1899
- Mills v. Merchants' Cotton-Press Co.Tennessee Supreme Court · 1890
- Celina Mutual Casualty Co. v. Citizens Casualty Co.Court of Appeals of Maryland · 1950
- Home Insurance Co. of New York v. Peoria & Pekin Union Railway Co.Illinois Supreme Court · 1899
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