Legal Opinion

Continental Insurance v. Horton

Michigan Supreme Court

Decided October 21, 1873PublishedCited by 19 opinions

Error to Genesee Circuit. This was an action upon a policy of insurance against loss by fire, covering a dwelling house and barn and their .contents, brought by Mrs. Horton against the company. She obtained judgment, and the defendant brings error.

1Opinion of the CourtCooley, J.

Of tbe errors assigned on this record several relate to the admission of evidence which the defense in the court below insisted was immaterial. We bave considered each of their objections in the light of the argument that has been made here, and are of opinion that no incompetent evidence was received which could bave. prejudiced the defense. And while we agree' that the erroneous reception of evidence is presumptively injurious, yet when *175the cases are so numerous in which the distinction between that which is admissible and that which is not is faint and shadowy, it becomes absolutely…

2Cited by19 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
  3. Johnston v. Farmers' Fire InsuranceMichigan Supreme Court · 1895
  4. Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
  5. Gloeser v. MooreMichigan Supreme Court · 1938

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