Delaware State Fire & Marine Insurance v. Shaw
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception.—The defendant offered five prayers, all of which, except the fifth, were rejected hy the Court, (Brown, J.,) and the Court gave the following instructions to the jury: 1. If the jury shall believe from the evidence that the plaintiff at the time when the certificate of insurance of the bark Palestina was executed, was her owner, and that he authorized Loud, Claridge & Co. to…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception.—The defendant offered five prayers, all of which, except the fifth, were rejected hy the Court, (Brown, J.,) and the Court gave the following instructions to the jury: 1. If the jury shall believe from the evidence that the plaintiff at the time when the certificate of insurance of the bark Palestina was executed, was her owner, and that he authorized Loud, Claridge & Co. to insure her, and that said firm employed the witness, Forrest, an insurance broker, to procure such insurance, and that he…
1Opinion of the CourtBartol, C. J.
It appears by the record that five prayers were offered by the appellant, the defendant below. The fifth was granted; all the others were refused. Two instructions were given by the Court to the jury. “The defendant then withdrew its second, third and fourth prayers, saying by its attorney, that the instructions of the Court covered the same points, and were satisfactory to him; but he reserved an exception to the rejection of his first prayer.”
The first prayer denies' the right of the plaintiff to recover upon the writteu paper declared on as the cause of action.
No exception was taken by the…
2Cited by3 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Brandyce v. Globe & Rutgers Fire InsuranceNew York Court of Appeals · 1929
- Insurance Co. of North America v. SchallCourt of Appeals of Maryland · 1903