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HUGG ET AL. v. AUGUSTA INSURANCE AND BANKING CO.

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48 U.S. 595 (1849)

7 How. 595

12 L.Ed. 834

JACOB HUGG AND JOHN M. BANDEL, PLAINTIFFS, v. THE AUGUSTA INSURANCE AND BANKING COMPANY OF THE CITY OF AUGUSTA.

Supreme Court of United States.

January 2-3, 1849.

March 9, 1849.

Attorney(s) appearing for the Case

The cause was argued by Mr. Mayer and Mr. Nelson, for the plaintiffs, and Mr. David Stewart and Mr. Johnson, for the defendants.

Mr. Mayer, for the plaintiffs.

Mr. Stewart, for the defendants.

Mr. Johnson, on the same side.

Mr. Nelson, for the plaintiffs, in reply and conclusion.

Mr. Justice NELSON delivered the opinion of the court, after reading the statement prefixed to this report.

The first point certified, upon the assumptions stated, involves the question, whether the underwriter of a policy upon freight of goods warranted free from average is liable, as for a total loss, unless the goods be actually destroyed by one of the perils insured against, so as to be incapable of shipment to the port...

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