New Orleans Ins. Co. v. Albro Co.
112 U.S. 506 (1884)

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U.S. Supreme Court

New Orleans Ins. Co. v. Albro Co., 112 U.S. 506 (1884)

New Orleans Insurance Company v. Albro Company

Submitted November 17, 1884

Decided December 8, 1884

112 U.S. 506

Syllabus

It is within the discretion of a circuit court to take an appeal bond in which each surety is severally bound for only a specified part of the obligation.

The omission in an appeal bond, to mention the term at which the judgment was rendered is not fatal, but may be cured.

A defense to a suit on a policy against perils of the sea and barratry that the sale of the cargo after loss of the vessel was made with a want of diligence which the evidence in the case showed was equivalent to barratry held to be frivolous.

This was a motion to dismiss, with which a motion to affirm was combined under the rule. The grounds for both branches of the motion are fully stated in the opinion of the Court.

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