¶1The jury found a verdict for the plaintiff, and £400 damages. The defendant moved in arrest that the jury had not deducted the two and half per cent, agreeable to the policy, so that the verdict was wrong in point of damages. Upon which the plaintiffs entered a remittitur of the two and half per cent. The cause was continued; and judgment for the plaintiffs — but afterwards a new trial was granted, on the ground of new discovered evidence.
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Thompson v. Alsop
Decided February 15, 1774
Connecticut Superior Court · decided 1774-02-15
<p>An intentional deviation will not excuse tlie underwriters, tout ttoere must toe an actual deviation.</p>
Decided 1774-02-15