Legal Opinion

Flemming v. Marine Insurance

Supreme Court of Pennsylvania

Decided January 21, 1839PublishedCited by 4 opinions

This was an action of covenant brought by Joseph Flemming against The Marine Insurance Company of Philadelphia, on a policy of insurance, dated the 16th day of January, 1827, whereby the defendants insured the sum of $5000, on goods laden or to be laden on board the brig Seneca, on a voyage from New York to the Havanna.

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This was an action of covenant brought by Joseph Flemming against The Marine Insurance Company of Philadelphia, on a policy of insurance, dated the 16th day of January, 1827, whereby the defendants insured the sum of $5000, on goods laden or to be laden on board the brig Seneca, on a voyage from New York to the Havanna. The defendants pleaded non infregerunt conventionem, and upon this issue the cause came on for trial before Kennedy, J., at a Court of Nisi Prius held in Philadelphia, on the 6th of November, 1838. The plaintiff having proved the execution of the policy, which was in the usual…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

— The principles laid down in the charge to the jury and the directions given to them on the trial of this cause at Nisi Prius, are considered by the Court in bank correct, excepting that part, wherein the jury were advised, that there was no evidence whatever, given to them, tending to prove that the goods were injured by the perils of the sea insured against. The Court are inclined to think that there was evidence of this tendency, though very slight; yet still however slight it might be, the weight and the effect of it, were to be…

2Cited by4 opinions

  1. Emerson v. County of Santa ClaraCalifornia Supreme Court · 1871
  2. Goodrich & Hick's AppealSupreme Court of Pennsylvania · 1885
  3. Planters' Mutual Insurance v. EngleCourt of Appeals of Maryland · 1879
  4. Welles v. GrayMassachusetts Supreme Judicial Court · 1813

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