The Maryland Law Review Volume 2

The Maryland Law Review Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...during storage or delivery, etc. The Appellants also held open Marine Insurance in the Insurance Company of North America, dated May, 1898, covering 100 hogsheads of tobacco (including the 36 hogsheads destroyed by the fire, and over which the dispute arose), to be shipped from North Carolina to Kobe, Japan. The fire in question occurred while both policies were in force, and the 36 hogsheads specifically covered by the policy of the Insurance Company of North America were destroyed. The latter company paid over to the owner the full amount of the insurance on the tobacco, $4500. The company afterwards discovered the existence of the other policy and demanded back from the Appellant the proportionate amount which it claimed the Royal Company should pay on its policy. This amount was refunded by the Appellant and the Royal Insurance Co. refusing to reimburse him proportionately, suit was brought against it. In the trial before the lower Court, the judge admitted certain admissions made by the Plaintiff, Leftwich, after the fire to one of the adjusters of the Royal Insurance Co., in which Leftwich said that it was not his intention when he took out the Royal policy to cover this particular tobacco by it. To the admission of this evidence an exception was taken. The Court of Appeals in reviewing the decision of the lower court held that this testimony was admissible to show what was the real intention of the parties as to the subject-matter of the insurance, following the decision already made in the case of the Planters Mutual Ins. Co. v. Engle, 52 Md. 468, above quoted, and in passing upon it said: "The evidence, we think, was admissible upon the question of identity of the risk covered by the policy," and further, " more

Product details

  • Paperback
  • 189 x 246 x 5mm | 191g
  • United States
  • English
  • black & white illustrations
  • 1236975502
  • 9781236975508