Neilson v. Columbian Insurance
New York Supreme Court
THIS was an action, on a policy of insurance, on the cargo of the schooner William, on a voyage from New-York to Madeira. The goods consisted of corn, flour, and a small quantity of beef, and were specifically enumerated 1 . . and valued m the policy, which contained the usual memorandum in regard to fruit, grain, &c. being free from average, &c. The defendants had paid into court Jive hundred and ninetu-seven dollars, under a plea of tender.
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THIS was an action, on a policy of insurance, on the cargo of the schooner William, on a voyage from New-York to Madeira. The goods consisted of corn, flour, and a small quantity of beef, and were specifically enumerated 1 . . and valued m the policy, which contained the usual memorandum in regard to fruit, grain, &c. being free from average, &c. The defendants had paid into court Jive hundred and ninetu-seven dollars, under a plea of tender. J 1 _ The cause was tried at the New-York sittings on the 17th December, 1805, before Mr. Justice Livingston. This cause having been tried before, and a…
1Per curiam
The admission of the case made on a former trial, as evidence to show what the witnesses then swore in order to discredit them at the second trial, was improper. The case is not evidence upon oath. It may have been made up by consent, and the points in contradiction may not have been particularly attended to by the judge, before whom it was corrected. The case is conclusive against the parties, as to the facts contained in it; but not against third persons, whose veracity or credit is called in question. Though the case ought not to have been received in evidence, yet, in fact, it contained…
2Cited by7 opinions
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Boyd v. First National BankSupreme Court of Iowa · 1868
- People v. ConsoleAppellate Division of the Supreme Court of the State of New York · 1921
- May v. International Loan & Trust Co.Court of Appeals for the Fifth Circuit · 1899
- King v. Delaware Ins.U.S. Circuit Court for the District of Pennsylvania · 1808
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