Livingston & Gilchrist v. Maryland Insurance
Supreme Court of the United States
ERROR to the Circuit Court for the district of.Ma ryland, in an action of covenant upon a policy- of ins» ranee (against capture only) upon tlie cargo of the ship Herkimer, « from. Guayaquil, or her last port of departure in South America, to New-York,” “ warranted Jhneri.can property, proof of which to be required in the United States only,” « and warranted free from seizure for illicit trade.” The declaration was on a loss by capture.
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ERROR to the Circuit Court for the district of.Ma ryland, in an action of covenant upon a policy- of ins» ranee (against capture only) upon tlie cargo of the ship Herkimer, « from. Guayaquil, or her last port of departure in South America, to New-York,” “ warranted Jhneri.can property, proof of which to be required in the United States only,” « and warranted free from seizure for illicit trade.” The declaration was on a loss by capture. The case was stated as follows by Ma-rshaii, Chief Justice, in delivering the opinion of the Court: i v» Julian Hernandez Baruso, a Spanish subject, haying…
1Opinion of the Court
Marshall, Ch. J.
after stating the case, delivered the opinion of the Court as follows :
This perplexed and intricate case, which is rendered still more so by the manner in which it has been conducted at .the circuits, hás been considered by the Court. Their opinion on the various points it presents will now be given.
If theijiiestion on which the Court was divided he considered literally, the answer must undoubtedly he, that the letter of the 35th of March, 18D.6, contains no averment that no person other than Livingston, Gilchrist, Griswold and Baxter, were interested in the return cargo of…
2Cited by89 opinions
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- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Bacon v. PhelpsCourt of Appeals for the Second Circuit · 2020
- Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
- Assessors v. OsbornesSupreme Court of the United States · 1870
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