Fire Ins. Assn., Ltd. v. Wickham
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The court stated the case as follows : This case was brought before the court upon a certificate of division of opinion between the circuit and the district judges.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN. The court stated the case as follows : This case was brought before the court upon a certificate of division of opinion between the circuit and the district judges. The action was begun in November, 1884, upon two policies of fire insurance written by the Fire Insurance Association, defendant, upon the propeller St. Paul, of which defendants in error were owners, one of such policies being for $3500, and the other for $1500. On the same day actions were begun against six other insurance companies upon their…
1Opinion of the CourtJustice Brown
As we held in this case on the motion to dismiss, (Fire Insurance Association v. Wickham, 128 U. S. 426,) that the second question, was improperly certified and could not be answered, the only question now presented for decision is the first, namely: “ On the facts stated in the foregoing record, was the parol testimony offered in evidence by the plaintiffs admissible to vary and contradict the certificate of January 19, Exhibit QQ, and the receipts and drafts hereinbefore set forth ? ”. We have.no disposition to overrule or qualify in any way the general and familiar doctrine enforced by…
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