Augusta Insurance & Banking Co. v. Abbott
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit brought on the 10th of December 1853, by the appellee against the appellant, on a policy of insurance under» written by the defendants through its agents, Page and Banks, at Boston, on a cargo of lumber, to the amount of $3500, per Brig Orb, at and from Baltimore to Boston. Plea non assumpsit.
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Appeal from the Superior Court of Baltimore city. Assumpsit brought on the 10th of December 1853, by the appellee against the appellant, on a policy of insurance under» written by the defendants through its agents, Page and Banks, at Boston, on a cargo of lumber, to the amount of $3500, per Brig Orb, at and from Baltimore to Boston. Plea non assumpsit. The policy is dated the 28th of October 1852, and insures «Parker Fall for whom it concerns, $3500 on lumber, viz., .$3200 under deck, and $300 on deck, per Brig Orb, at and from Baltimore to Boston,” and by it the insurers “confessing…
1Opinion of the CourtBartol, J.
This action was instituted by the appellee, on a policy of insurance made by the appellant, upon a cargo of lumber per brig Orb, at and from Baltimore to Boston. The policy was issued in the name of ££Parker Fall, for whom it concerns;” and the first question presented for our consideration is, whether the appellee has such an interest in the policy as to give him a right of action upon it? The evidence shows that the brig was lying at the port of Baltimore, and that Frisbie, the captain and part owner, employed Parker Fall, as his agent at Boston, to obtain insurance on a cargo of lumber, in…
2Cases cited8 opinions
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
- General Interest Insurance v. RugglesSupreme Court of the United States · 1827
- Newson's Adm'r. v. DouglassCourt of Appeals of Maryland · 1826
- Riggin v. Patapsco InsuranceCourt of Appeals of Maryland · 1826
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