Smith v. Delaware Insurance

11 U.S. 434 (1813)
7 Cranch 434

SMITH AND BUCHANAN
v.
THE DELAWARE INSURANCE COMPANY.

Supreme Court of United States.

March 9, 1813.

Absent ... . WASHINGTON, J. and TODD, J.

*435 PINKNEY, Attorney General, for Plaintiffs in error.

HARPER, contra.

MARSHALL, Ch. J.

The case is too plain for argument. The jury did not intend to find a general verdict; but to submit the points of law to the Court. If the law had been for the Plaintiffs the Court could only have awarded a venire de novo. The facts ought to have appeared, so that the judgment might have been either reversed or affirmed upon the merits.

Judgment reversed, and a new trial awarded.