Livingston & Gilchrist v. Maryland Insurance
Supreme Court of the United States
ERROR to the circuit court for the district of Maryland, in an action of covenant upon a policy (of insurance against capture only) upon goods laden on board the ship Herkimer from Guyaquil, or her last port of discharge in South America, to New-York; the goods were warranted .to be American property, '■'■proof of which to be required in the United States only.” 1 he ship and cargo were; captured by a British ship of war, and condemned at. Halifax as prize.
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ERROR to the circuit court for the district of Maryland, in an action of covenant upon a policy (of insurance against capture only) upon goods laden on board the ship Herkimer from Guyaquil, or her last port of discharge in South America, to New-York; the goods were warranted .to be American property, '■'■proof of which to be required in the United States only.” 1 he ship and cargo were; captured by a British ship of war, and condemned at. Halifax as prize. The defence set up by the underwriters was, 1. That one Baruro, a Spanish subject, was interested in the cargo, and that Baruro being a…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the court as follows:
In this case several questions have occurred, on which the court has not yet formed an opinion. The application of rules and principles, which have been framed for an action on the case, to an action of covenant, is an operation of some difficulty. The court has not decided with precision, on the extent of the plea, that the defendant has not broken his covenant, nor on the testimony which may be admitted under that plea. Some difficulty, also, arises from the circumstances, that the parties have gone to" trial under the…
2Cited by31 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Andrews v. HerriotNew York Supreme Court · 1825
- Eastern Building and Loan Assn. v. WilliamsonSupreme Court of the United States · 1903
- Bates v. StantonThe Superior Court of New York City · 1852
- New-York Firemen Insurance v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1815
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