Howland v. Marine Ins. Co.

U.S. Circuit Court for the District of District of Columbia

Howland v. Marine Ins. Co.

12 F. Cas. 741, 2 Cranch 474

CourtU.S. Circuit Court for the District of District of Columbia

DecidedMay 15, 1824

StatusPublished

This text of 12 F. Cas. 741 (Howland v. Marine Ins. Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howland v. Marine Ins. Co., 12 F. Cas. 741, 2 Cranch 474 (circtddc 1824).

Pincite

Opinion

But THE COURT

(THRUSTON, Circuit Judge, absent)

refused to give the instruction; being of opinion that the question of negligence was a question to be left to the jury under all the circumstances of the case as they appear from the evidence.

Verdict for the plaintiff for the amount insured.

Mr. Swann, for defendants, moved in arrest of judgment,

1st. - Because the suit was brought in the name of Thomas H. Howland, for his individual use, upon a policy set forth in the declaration for the joint benefit of him and John Jackson; and

2d. Because the verdict has given the whole amount of the sum insured upon a declaration In which it is apparent that the plaintiff was entitled to but one half.

3. Because the suit is misconceived; it appearing by the declaration that the contract was a joint, and not a separate contract.

Mr. Swann also moved for a new trial on the ground that the verdict was against the weight of evidence, and because it was for the whole amount insured.

But THE COURT (THRUSTON, Circuit Judge, absent) overruled both motions.

Free access — add to your briefcase to read the full text and ask questions with AI