Legal Opinion

Merchants Mutual Insurance v. Wilson

Court of Appeals of Maryland

Decided December 15, 1852PublishedCited by 4 opinions

Appeal from Baltimore county court. This was an action of assumpsit brought, at the January term 1848, of Baltimore county court, by the appellee, against the appellant, upon a policy of insurance for the sum of $9000, upon the cargo of the barque Commerce, from Baltimore to Rio de Janeiro and back. The plea was non assumpsit. Exception. At the trial, the plaintiff offered in evidence the policy upon which the suit was brought.

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Appeal from Baltimore county court. This was an action of assumpsit brought, at the January term 1848, of Baltimore county court, by the appellee, against the appellant, upon a policy of insurance for the sum of $9000, upon the cargo of the barque Commerce, from Baltimore to Rio de Janeiro and back. The plea was non assumpsit. Exception. At the trial, the plaintiff offered in evidence the policy upon which the suit was brought. This policy bears date the 16th of September 1846, and the conditions of it are sufficiently stated in the opinion of this court, delivered by his honor, Judge…

1Opinion of the CourtEccx.estoh', J.

The policy on which this action of assumpsit was instituted, was underwritten by the appellants, for the purpose of effecting an insurance from Baltimore to Rio de Janeiro and back, by vessel or vessels, upon goods laden or to be laden onboard of the barque Commerce. In regard to the amount of insurance, it is provided, that “the said goods for so much as concerns this insurance, by agreement between the insured and insurers, are, and shall be, to amount of nine thousand dollars.” There is also a provision, that the company shall not be liable “for any partial loss on coffee or cocoa in bags,…

2Cases cited1 opinion

  1. Allegre v. Maryland InsuranceCourt of Appeals of Maryland · 1824

3Cited by4 opinions

  1. Appleman v. FisherCourt of Appeals of Maryland · 1871
  2. Mayor of Baltimore v. NormanCourt of Appeals of Maryland · 1853
  3. California Canneries Co. v. Canton Insurance OfficeCalifornia Court of Appeal · 1914
  4. Oelrichs v. FordCourt of Appeals of Maryland · 1864

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