Louisville Insurance v. Monarch
Court of Appeals of Kentucky
Case 86 — PETITION ORDINARY APPEAR EliOM DAVEISS CIRCUIT COURT. 1. The court erred in permitting the plaintiff, Cate, to tell, upon his re-direct examination, what Captain Harpham had said to witness about the wreck after he had left it. Such evidence was collateral to the issues involved.
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Case 86 — PETITION ORDINARY APPEAR EliOM DAVEISS CIRCUIT COURT. 1. The court erred in permitting the plaintiff, Cate, to tell, upon his re-direct examination, what Captain Harpham had said to witness about the wreck after he had left it. Such evidence was collateral to the issues involved. (Greenleaf on Evidence, sec. 52; Bibb v. Prather, 1 Bibb, 316; Starkie on Evidence, vol. 2, star p. 222.) 2. It was error to permit the plaintiff, Monarch, to tell, when re-called, what Captain Harpham had said to Shallcross, as neither of them had authority to bind the defendant. (Greenleaf on Evidence,…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion or the court.
Monarch & Cate owned certain woolen mill machinery, wool and other goods, and desired to transport it from Rumsey, Ky., on the Creen river, to Owensboro, on the Ohio river. Their purpose was to ship it by water, and to do so it would have to be placed upon a boat, carried down Creen river to its mouth; thence up the Ohio river to Owensboro.
On the 5th day of March, 1892, the Louisville Insurance Co. issued to them on the property a marine insurance policy to the amount of $5,000. The adventures and perils which the company agreed to bear and take…
2Cases cited5 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Bradlie v. the Maryland Insurance CompanySupreme Court of the United States · 1838
- Orient Insurance v. AdamsSupreme Court of the United States · 1887
- Louisville Underwriters v. PenceCourt of Appeals of Kentucky · 1892
3Cited by4 opinions
- Hartford & New York Transp. Co. v. Rogers & Hubbard Co.Court of Appeals for the Second Circuit · 1931
- Lowry v. City of LexingtonCourt of Appeals of Kentucky · 1902
- Davis v. KimberlainCourt of Appeals of Kentucky · 1920
- Clarke v. Mannheim Ins. Co.Texas Commission of Appeals · 1919