The Baltimore Insurance Company v. M'Fadon
4 H&J 31 (1815)
The insurer executed an insurance policy on cargo owned by the insured. The cargo was lost when a British ship captured the ship on which it was transported. The insured made a claim against the policy for the lost cargo. In response, the insurer proffered several notes that had been executed to it by the insured. It sought a set off against the policy for the amount. The trial court excluded the notes because the policy was "open"--i.e., the amount of the coverage was the value of the cargo, which had to be proven by the insured. The trial court entered judgment for the insured and the insurer sought review. The court reversed the judgment and awarded a procedendo. The court acknowledged that the policy was an open one and that the value of the cargo had to be proven. However, the court held that the uncertain nature of the coverage did not preclude the insurer from offering the notes into evidence in order to procure a set off. The court wrote that enlarging the description of the claims against which set offs and discounts were admissible advanced the object and policy of the law. This was especially so when, as here, the insurer was required to pay the assignees of the policy. OUTCOME: The court reversed a judgment for the insured in an action to recover payment from the insurer. A procedendo was awarded.
Judges: Jeremiah Townley Chase; John Johnson; John Buchanan; Richard Tilghman Earle; William Bond Martin.
Attorneys: William Pinkney for Appellants; Robert Goodloe Harper and William H. Winder for Appellee.
Appellate Court Records:
COURT OF APPEALS (Docket) The Baltimore Insurance Company v. M'Fadon, 1815, December Term, no. 58 [MSA S414-6, 1/66/14/24].
COURT OF APPEALS (Judgments, Western Shore) The Baltimore Insurance Company v. M'Fadon, 1815, December Term, no. 58 [MSA S382-9, 1/62/6/24].
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