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insurance Company Vs. Boon
Cites for this judgment
- US Supreme Court
- Jan 01, 1877
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U.S. 117 (1877) U.S. Supreme Court Insurance Company v. BoonSearch
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U.S. 117 (1877) Insurance Company v. BoonSearch
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may be made at a subsequent term, and directed to be entered and become of record as of a former term. In Rhoads v. TheSearch
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if another be bad, and the minutes of the judge show that the evidence sustained the good one. Matheson's Adm'r v. Grant'sSearch
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should be construed most strongly against the underwriters and most favorably to the assured. Manhattan Insurance Co. v. SteinSearch
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them, the nature of the contract, the objects to be attained, and all the circumstances must be considered. Cushman v. UnitedSearch
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nisi prius case of a vessel burnt by the master and crew to prevent its falling into the hands of the enemy, Gordon v. RimmingtonSearch
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In Brady v. NorthwesternSearch
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In St. John v. AmericanSearch
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Policies of insurance do not protect an assured against his voluntary destruction of the thing insured. Yet in Gordon v. RimmingtonSearch
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is not doubted all that destruction is caused by the fire, and insurers against fire are held liable for it. In Lynd v. Tynsboro'Search
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as the actual, the dominating, cause. And in this Court similar doctrine has been asserted Insurance Company v. TweedSearch
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though the other causes may follow it and operate more immediately in producing the disaster. In Butler v. WildmanSearch
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A similar doctrine was asserted in Barton v. HomeSearch
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Insurance Co., 42 Mo. 156, and in Marcy v. Merchants'Search
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mere instrument, though the latter may be nearest in place and time to the loss. In Milwaukee & Saint Paul Railway Co. v. KelloggSearch
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form one continuous whole. The case is therefore clearly within the doctrine asserted by Emerigon, and held in Butler v. WildmanSearch
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Copelin v. InsuranceSearch
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venire facias de novo by the appellate court for some error of law which intervened in the proceedings. Parsons v. BedfordSearch
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the place of the jury, its finding of facts is conclusive, precisely as if a jury had found them by verdict. Basset v. UnitedSearch
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by the party at the trial, but that it may be drawn out and signed or sealed by the judge afterwards. United States v. BreitlingSearch
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signed, nor entered of record until the next term, nearly five months after the judgment was rendered. Flanders v. TweedSearch
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point as to the legal effect of a general finding of the circuit court is expressly adjudged and determined. Cooper v. OmohundroSearch
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giving the circuit court the same power in that regard as has always been possessed by a jury. Insurance Company v. FolsomSearch
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resting in parol may be incorporated into the record for the inspection of the proper appellate tribunal. Suydam v. WilliamsonSearch
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of the court, are not a part of the record, and nothing therein contained can be assigned for error. Williams v. NorrisSearch
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Medbury v. StateSearch
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of the court below does not constitute such a formal finding as that required in such a case. Insurance Company v. TweedSearch
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Dickinson v. TheSearch
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finding, but rather as a ground to show why the judge came to the conclusion set forth in the record. Dickinson v. TheSearch
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it may, in the discretion of the judge, be drawn out, and be signed or sealed by the judge afterwards. United States v. BreitlingSearch
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How. 252. Decided cases to the same effect are numerous. It is a settled principle, say the court, in Walton v. UnitedSearch
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certainty, and, where that is done, it may be reduced to form, and be signed by the judge during the term. Stanton v. EmbrySearch
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the record shows that the plaintiffs in the mean time had taken out execution for the amount of the judgment. Muller v. EhlersSearch
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the court Page 95 U. S. 143 was bound to disregard it, and to treat it as no part of the record. Flanders v. TweedSearch
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expired, it is clear that the court below had not at that time any power supply a special finding of facts. Noonan v. BradleySearch
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Washington Bridge Co. v. StewartSearch
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Skillin's Ex'rs v. May'sSearch
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Martin v. Hunter'sSearch
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U.S. Supreme Court Insurance Company v. BoonSearch
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In Rhoads v. TheSearch
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