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MARSHALL v. DELAWARE INS. CO.

Not in source.

8 U.S. 202 (1808)

4 Cranch 202

2 L.Ed. 596

MARSHALL, v. THE DELAWARE INSURANCE COMPANY.

Supreme Court of United States.

February 23, 1808.

Attorney(s) appearing for the Case

Hopkinson, for plaintiff.

Dallas and Rawle, contra.

Ingersoll, in reply.

MARSHALL, Ch. J. after stating the facts of the case as above, delivered the opinion of the court as follows.

The question submitted to the consideration of the court is this: Is the assured entitled to recover for a partial or for a total loss?

In support of the claim for a total loss, two points have been made:

1st. That the state of information at the time of the abandonment, not the state of the fact, must...

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