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GRAVES & BARNEWALL v. THE BOSTON M.I. COMPANY

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6 U.S. 419 (1805)

2 Cranch 419

2 L.Ed. 324

GRAVES AND BARNEWALL, v. BOSTON MARINE INSURANCE COMPANY.

Supreme Court of United States.

February 13-15, 1805.

February 25, 1805.

Attorney(s) appearing for the Case

This cause was argued at February term 1804, by Stockton, of New-Jersey, and Martin, of Maryland for the appellants, and by Harper, of Maryland, and Key, of the district of Columbia, for the appellees; and at this term by Stockton, for the appellants, and Harper and Ingersoll, of Pennsylvania, for the appellees.

Stockton, for appellants, made three points: —

Harper contra, considered, 1st. The law upon which the plaintiffs rely.

MARSHALL, Ch. J. delivered the opinion of the court.

The points made by the plaintiffs in this case, are,

1st. That the policy does really insure their joint property on board the ship Northern Liberties, so far as the same was at the time uncovered by prior assurances.

2d. That if the property be not insured at law, yet it was intended to be insured, and this court will relieve against the mistake in the agreement...

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