Durkee v. India Mutual Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance issued by the defendant to the plaintiff on the bark Aspatogon, against the perils of the seas, in a voyage “ at and from Trinidad, Port Spain, to Philadelphia.” Trial in the Superior Court, before Sherman, J., who directed the jury to return a verdict for the plaintiff; and reported the case for the determination of this court. The facts material to the points decided appear in the opinion.
1Opinion of the CourtMorton, J.
We think it is clear that there must be a new trial in this case on account of the testimony of Hall concerning *515the premium which he paid at another time on another vessel. It related to a matter that was wholly collateral. It introduced a distinct issue, which was not involved in nor pertinent to any issue on trial, and which the defendant could have had no just ground to anticipate, and was wholly incompetent. Berkshire Woollen Co. v. Proctor, 7 Cush. 417. Aldrich v. Pelham, 1 Gray, 510. Lane v. Boston & Albany Railroad, 112 Mass. 455. Hatt v. Nay, 144 Mass. 186.
The remaining questions…
2Cases cited3 opinions
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Lane v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1873
- Ring v. Phœnix Assurance Co.Massachusetts Supreme Judicial Court · 1888
3Cited by10 opinions
- Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Levie v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
- Langdeau v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1907
- Saunders v. Austin W. Fishing Corp.Massachusetts Supreme Judicial Court · 1967
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