13 S.C.L. 113
Supreme Court of South Carolina
Decided January 15, 1822
Supreme Court of South Carolina · decided 1822-01-15
Tried before his honor Judge Johnson, in Charleston, May Term, 1831. THIS was an action of assumpsit to recover for a total Joss on a policy of insurance on goods for the schooner La Carmen, Captain Martelo, from Havana to Charleston. The plaintiff proved the policy, which bore date December 37, 1816, and was for $ 6,500, also his interest on the property on board.
Decided 1822-01-15
¶1delivered the opinion of the court:
¶2I am of opinion that a new trial should be granted, in order that the charge of a wilful delay in the voyage may be further enquired into, and the case reconsidered, inasmuch as the testimony was unsatisfactory upon that pointy and therefore I deem it worthy of a second investigation before a jury.