Legal Opinion · Concurrence

Head & Amory v. Providence Insurance

Supreme Court of the United States

Decided February 25, 1804Published

This was an action on the ease brought by the plaintiffs in error, upon two policies of insurance, in the Circuit Court of the first circuit, holden at Providence, in the district of Rhode Island, (a) in which action, judgment was rendered, at April term 1802, for the plaintiffs in error, upon one of the policies only, viz., that upon the vessel. *The declaration consisted of four counts. 1. A special count upon a policy dated September 12th, 1779, by which the defendants in…

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This was an action on the ease brought by the plaintiffs in error, upon two policies of insurance, in the Circuit Court of the first circuit, holden at Providence, in the district of Rhode Island, (a) in which action, judgment was rendered, at April term 1802, for the plaintiffs in error, upon one of the policies only, viz., that upon the vessel. *The declaration consisted of four counts. 1. A special count upon a policy dated September 12th, 1779, by which the defendants in error insured the plaintiffs “ten thousand dollar's on merchandise, on board the Spanish brig Neuva Empressa, at and…

1ConcurrenceChase, J.

— I concur with my brethren as to the operation of the testimony given by the Providence Insurance Company in evidence to the jury, and that it created no legal obligation on the company; but I am also of opinion, that the testimony given by them in evidence was inadmissible, and *98that the circuit court ought not to have permitted the same to have been given in evidence to the jury.

The judgment of reversal was as follows, viz.: This cause came on to be heard, on the transcript of the record of the circuit court, and was argued by counsel; on consideration whereof, the court is of opinion, that…

2Cases cited10 opinions

  1. Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
  2. Stitt v. HuidekopersSupreme Court of the United States · 1873
  3. Trevor v. . WoodNew York Court of Appeals · 1867
  4. Vassar v. . CampNew York Court of Appeals · 1854
  5. Insurance Company v. LymanSupreme Court of the United States · 1873

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