Legal Opinion

Marine Insurance v. Young

Supreme Court of the United States

Decided February 15, 1809PublishedCited by 1 opinion

ERROR to the circuit court of the district Columbia, sitting at Alexandria, in an action of covenant, brought by the defendant in error upon a policy of insurance under'the corporate seal of the . r plaintitrs in error* The point in issue, in the’ court below, was, whether the insured, on the 11th of December, 1800, when he wrote his order, for insurance, had notice of a storm which happened at Jamaica, on the 2d of November, 1800. Part of the evidence offered to the jury…

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ERROR to the circuit court of the district Columbia, sitting at Alexandria, in an action of covenant, brought by the defendant in error upon a policy of insurance under'the corporate seal of the . r plaintitrs in error* The point in issue, in the’ court below, was, whether the insured, on the 11th of December, 1800, when he wrote his order, for insurance, had notice of a storm which happened at Jamaica, on the 2d of November, 1800. Part of the evidence offered to the jury was the deposition of David Young, a witness examined on behalf of the plaintiffs in error. • Upon his cross-examination…

1Opinion of the Court 1

February 28.

2Opinion of the Court · CushingCushing, J.

This court is of opinion that the inferior court *191was not bound to give a construction of the answer of Captain David Young to the second interrogatory (if the plaintiff below, as requested by the jury; and that it would be improper in this court to determine whether the inferior court ought or ought not to have granted the motion of the defend*ants below for a new trial, upon the ground that the verdict was contrary to evidence.

The judgment below is to be affirmed with costs.

3Cited by1 opinion

  1. The Marine Insurance Company of Alexandria v. James YoungSupreme Court of the United States · 1809

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