Clark v. Manufacturers' Ins. Co.
U.S. Circuit Court for the District of Massachusetts
At law. This was an action on a policy by the defendants in favor of the plaintiffs [Eli Clark, William Green, and Hugh McGill], made August 13th, 1S45. It was on a cotton factory and machinery, situated in Malone, in the state of New York, for $14,000, and was to run one year from the date.
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At law. This was an action on a policy by the defendants in favor of the plaintiffs [Eli Clark, William Green, and Hugh McGill], made August 13th, 1S45. It was on a cotton factory and machinery, situated in Malone, in the state of New York, for $14,000, and was to run one year from the date. The property was alleged to be under a contract' of sale by the Ogdensburg Bank to the plaintiffs, the consideration of which having not been paid, any loss happening was to be paid to said bank. A total loss of the buildings and machinery was averred to have occurred on the 13th of March, 184G. Notice…
1Opinion of the Court
WOODBURY, Circuit Justice.
Among the preliminary questions to be decided in this case is the admissibility of some of the evidence on both sides. But that involves much of the merits, and is not free from difficulty. The various pieces of testimony as to Stearns’s representations are objected to by the plaintiffs, on the ground that they bring their action on the last policy, in which nothing is said of Stearns or his representations, eo nomine; and that to prove them and make them binding would be to alter or add to this written instrument. It is certain that a written contract cannot, as a…
2Cases cited7 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
- Dow v. WhettenCourt for the Trial of Impeachments and Correction of Errors · 1831
- Connolly v. PardonNew York Court of Chancery · 1828
- Tunno & Cox v. LagueNew York Supreme Court · 1800
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