Paine v. Maine Mutual Marine Insurance
Supreme Judicial Court of Maine
On report. Appeal by Andre Cushing & Co., of St. John, N. B., from the decision of receivers upon claims filed in insolvency against said respondent company for losses on policies, only a part of which was allowed by the receivers; objections were duly filed in accordance with the provisions of the statute, c. 148, acts of 1873, § 10. The appeal having been entered in this court sitting at nisi prius, the claimants moved for the appointment of an auditor to adjust the claims…
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On report. Appeal by Andre Cushing & Co., of St. John, N. B., from the decision of receivers upon claims filed in insolvency against said respondent company for losses on policies, only a part of which was allowed by the receivers; objections were duly filed in accordance with the provisions of the statute, c. 148, acts of 1873, § 10. The appeal having been entered in this court sitting at nisi prius, the claimants moved for the appointment of an auditor to adjust the claims and to report, according to B. S., c. 82, § 62. The receivers objected to such appointment, for the reason that the…
1Opinion of the CourtPeters, J.
The auditor, at the hearing before him, admitted certain invoices, bills of lading, and protests as documentary evidence to establish the losses alleged to have been sustained by the *571claimants under tlieir insurance policies. The papers were not legal evidence. They were merely the statements of the plaintiffs themselves or of third persons. An invoice is usually a paper made out by the owner or shipper of the cargo. Lord Ellenborough (Dickerson v. Lodge, 1 Stark. 226) said a bill of lading was “ nothing more than the declaration of the captain.” Lord Tenterden (Abb. Ship. 380 English paging)…
2Cases cited4 opinions
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
- Snowling v. Plummer Granite Co.Massachusetts Supreme Judicial Court · 1871
- Fisk v. GrayMassachusetts Supreme Judicial Court · 1868
- Newton v. HigginsSupreme Court of Vermont · 1829
3Cited by3 opinions
- Hunter v. TotmanSupreme Judicial Court of Maine · 1951
- Ouelette v. PageauSupreme Judicial Court of Maine · 1954
- Palmer v. . Great Western Ins. Co.New York Court of Appeals · 1889