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FULLER v. M`CALL

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2 U.S. 219 (1794)

2 Dall. 219

FULLER, versus M`CALL.

Supreme Court of Pennsylvania.

January 1, 1794.

Attorney(s) appearing for the Case

E. Tilghman, and Lewis for the plaintiff. Ingersoll, and M. Levy for the defendant.

Upon these facts, a verdict was taken for the plaintiff, subject to the opinion of the Court, whether they established a total, or an average, loss?

On the argument, however, two positions were asserted, by the defendant's counsel; — 1st. That the circumstances of the case did not warrant an abandonment, as for a total loss: And 2d. That even if the plaintiff had a right so to abandon, he had not exercised that...

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