Howard v. City Fire Insurance
New York Supreme Court
Error to the superior court of the city of New-York. Hugh B. Howard brought assumpsit in the court below against the City Fire Insurance Company on a policy of insurance against loss by fire.
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Error to the superior court of the city of New-York. Hugh B. Howard brought assumpsit in the court below against the City Fire Insurance Company on a policy of insurance against loss by fire. Non-assumpsit having been pleaded, the cause xvas tried in the court below in May, 1843. The policy, which was given in evidence, bore date April 17th, 1841; and by it the defendants insured the plaintiff to the amount of $9850, on merchandise, and $150 on store furniture in his store, No. 146 Pearl-street, for six months. The 9th section of the “conditions” annexed to the policy, and which were referred…
1Opinion of the Court
By the Court, Jewett, J.
It is a familiar rule that the credit of a witness may be impeached, either by a cross-examination, by general evidence affecting his character, or by proof that -he has before done or said that which is inconsistent with his testimony on the trial. The fact inquired of by the question objected to, in the case of the witness Howard, was not in the least connected with the subject of the inquiry in the suit. It was purely collateral. Whatever therefore the answer of the witness might have been, it would have been conclusive. No *507evidence would have been admissible to…
2Cases cited1 opinion
- Phœnix Fire Insurance v. PhilipNew York Supreme Court · 1834
3Cited by25 opinions
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- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- State v. MortensenUtah Supreme Court · 1903
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
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