Kennedy v. Baltimore Insurance
Court of Appeals of Maryland
Afpkai, from Baltimore County Court». Assumpsit. The declaration contained a count for money had and received, and the otherinoney counts; The general issue was pleaded.
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Afpkai, from Baltimore County Court». Assumpsit. The declaration contained a count for money had and received, and the otherinoney counts; The general issue was pleaded. At íhé tría! the plaintiff) (the appellant,) gave in evidence, that he was the owner of the ship called The Areihusa, which he had caused to be insured by the defendants (the appellees,) on a voyage from the island of St. Domingo to the port of Baltimore; and that in the prose-en lion cf the voyage, the ship was captured by a British vessel of will's and carried into the Island of B'efmuda, where on her arrival she was,…
1Opinion of the Court
Chase; Ch. J.
delivered the opinion of the court; Thé question to be decided in this case by the court is, Whether an action for money had and received Oan be maintained by the appellant against the appellees, for rrioney had and received by their agent for freight received, for goods shipped in The .fltclhma, from the complainants?
In determining this question, the court are necessarily drawn into a consideration of the right the appellant has to the freight, and the extent of that right ort the facts stated. What effect has the abandonment of the ship for a total loss produced? According to…
2Cited by6 opinions
- National Mechanics' Bank v. National BankCourt of Appeals of Maryland · 1872
- Lewis v. KramerCourt of Appeals of Maryland · 1852
- Blair v. BlairCourt of Appeals of Maryland · 1874
- Callahan v. LinthicumCourt of Appeals of Maryland · 1875
- Cape Sable Co. CaseHigh Court of Chancery of Maryland · 1823
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