The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-06
Ia w INTELLIGENCE

UNITED STATES CIRCUIT COURT-JUDGE GILES.
John >. Wright, use of Maxwell Wright Co.
Us the Sun Mutual Insurance Company, of New
lork and same Orient Insurance Company of
New ork. An action to recover from each Com
pany one-half of the insurance the cargo of the
schooner "Mary W." from Rio de Janeiro to New
Orleans, viz 500 bags of coffee, at SIS per bag
the claim against each company being about
SIG, ,4I0. The history of these cases presents and
settles some novel and important questions relating
to contracts of insurance upon open or running
policy, which enables merchant to insure his
goods shipped at distant port, when it is impos-
sible for him to be advised of the particular ship
upon which the goods laden, and therefore can
not name it in the policy. Upon the first trial of
these cases, it was assumed that the schooner Ma
ry W." rated below 2, and the jury under certain
instructions of the Circuit Court, rendered YER
dict for the plaintiff The defendants excepted, and
on an appeal to the Supreme Court of the United
States the Court (Justice Clifford dissenting re-
versed the ruling of the Circuit Court, and saw
" That according to the true construction of
the terms of the policy, where the vessel
declared or reported by the assured rated be-
low 2, the company had the right to fix, at the
time, the additional premium, and unless assent
ed to by the assured. and the premium paid or Sc
cured, the contract of insurance in respect to this
particular shipment did not become complete or
binding, and directed a new trial.-In the trial
de nouo, in this court, which commenced Monday,
Nov 26, the fact to be determined was whether the
schooner Mary w. rated, was entitled to rate,
below or not, in New Y ork, at the time of in
suiahce. EVluence as TO TINS point was offered on
both sides, and after the conclusion of the argument
yesterday, the jury retired with permission to re-
turn sealed verdict in the morning. &
May for plaintiff; Brown and Bruno, and Hamilton,
of New York, for defendants.
The U. S. DISTRICT CoURr meets this morning at
ten O'Clock.
SUPERIOR COURT-JUDaE MARTIN
Smith u.s. The Baltimore Steam Packet Company.
Action to recover for loss of baggage. Before re-
ported. Verdict for plaintiff for S633. 50-Chas.
ID. Kinks and Samuel Kinks as. Osmun Latrobe,
garnishee ofthe Alberton Manufacturing Company.
Attachment ON judgment. On trial. Schley for
plaintiffs; Dobbin and Latrobe for defendant--As-
signment to-day 436 to ACT.
Nothing done in the other Courts.
BALTIMORE COUNTY CoURT-JUpeR PRICE.
ToWsoNTOwN, Dec. 5.-State u.s. Lewis Johann,
indicted for larceny. The accused was placed upon
his trial. and the evidence on the part of the State
was to the effect that the prisoner had been engaged
as a workman in Mr.. Hedians shop, manufacturing
frames, &C.; that Mr.. Hedian had at various times
missed frames and engravings, and suspecting the
accused procured search warrant and found about
wagon load of frames in his house. some of which
answered the description of those lost by Mr.. He
dian, while the defence established by persons in
the trade the impossbty of identifying such prop
erty without private mark being placed upon |
them. large number of witnesses were exam
ined, especially by the defence, and the case was
argued at considerable length by T. Joseph Rogers
and John L. Ensor, Esqs., the part of the pris |
oner, and Mr.. Cuttings for the State. Jury out. |
= In the case of Wyman, Bird 4 Co. Us. Lee & |
Durham, garnashees of Durham & Kerfoot new |
trial was granted and the case remanded to Har-
ford county.-The Court at 81 o'clock adjourn
ed to dine An afternoon session will be held.
COURT OF APPEALS OF MARYLAND.
DEcEMBER Term, l86O.-ANNAPoLIs, Dec. s. 1860
and Washington Railroad Company. Appeal from
the Circuit Court for Prince Georges County. The
argument in this case was concluded by Thomas G.
Pratt for the appelant.-No lG5. State, use of
fins fIar1