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LIVINGSTON v. MAR. INS. CO.

10 U.S. 274 (1810)

6 Cranch 274

LIVINGSTON AND GILCHRIST v. THE MARYLAND INSURANCE COMPANY.

Supreme Court of United States.

March 16, 1810.

Attorney(s) appearing for the Case

The cause was argued at great length by Harper, for the plaintiffs in error, and by Winder. Key and Martin, for the defendants, but their arguments were principally upon points not decided by the court.

MARSHALL, Ch. J. delivered the opinion of the court as follows:

In this case several questions have occurred, on which the court has not yet formed an opinion. The application of rules and principles, which have been framed for an action on the case, to an action of covenant, is an operation of some difficulty. The court has not decided with precision, on the extent of the plea, that the defendant has not broken his covenant, nor on the testimony which may be admitted...

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