Higginson v. Dall
Massachusetts Supreme Judicial Court
Case upon a policy of insurance, to recover the amount underwritten by the defendant for $1500 upon the ship Silenus, and $ 2000 upon her freight, at and from Calcutta to her port of discharge in the United States. The policy bears date the 9th of December, 1808. The plaintiff declares for a total loss by capture by a French cruiser.
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Case upon a policy of insurance, to recover the amount underwritten by the defendant for $1500 upon the ship Silenus, and $ 2000 upon her freight, at and from Calcutta to her port of discharge in the United States. The policy bears date the 9th of December, 1808. The plaintiff declares for a total loss by capture by a French cruiser. At the trial, which was had November term, 1813, before the present Chief Justice, it was in evidence, that the ship sailed from Calcutta on or about the 3d of -May, 1809. On the 24th of the same month, she was captured by a French frigate, and shortly…
1Opinion of the Court
The opinion of the Court was now delivered by
Parker, C. J.
The question proper to be first settled by us is, whether the written memorandum, which was received in evidence, ought to have been admitted, and also the facts relating to it, which might have been proved by the testimony of the broker. Indeed, there seems to be no reason why the latter should have been rejected, if the former was admitted ; both being parol evidence, and neither of them making a part of the contract which was finally agreed to by the parties. (4) And we are all of opinion, that it ought not to have been admitted,…
2Cases cited1 opinion
- Traders' Insurance v. RobertNew York Supreme Court · 1832
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- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
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