Russel v. Union Ins. Co.
U.S. Circuit Court for the District of Pennsylvania
This cause came on upon a rule for a new-trial. [Case No. 12,146.) The ground was,, that the court was mistaken in point of law, in stating that the papers, which respected the interest of the plaintiff, in the record of the-admiralty court at Halifax, was evidence, and therefore, that the plaintiff, not having-proved his interest by other evidence, ought, not to recover.
Read the full summary
This cause came on upon a rule for a new-trial. [Case No. 12,146.) The ground was,, that the court was mistaken in point of law, in stating that the papers, which respected the interest of the plaintiff, in the record of the-admiralty court at Halifax, was evidence, and therefore, that the plaintiff, not having-proved his interest by other evidence, ought, not to recover. Tilghman & Dallas, in favour of the motion, contended, that as the sentence and proceedings, were clearly legal evidence, the defendant’s counsel, could not properly have objected to the reading of the whole record; but…
1Opinion of the Court
WASHINGTON, Circuit Justice.
I am sorTy that this motion is made; for, though every care should be taken to protect insurance companies against frauds, and to give them every legal advantage, where they are legally exonerated from the risk, yet they ought, I think, to refrain from objections which have an appearance of being captious. If, however, they choose to make such, they must, like all other suitors, be entitled to the benefit of them, where they are well supported. It was on this account, that I thought it highly proper, at the trial, that they should allow the record to be read…
2Cited by2 opinions
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Carter v. GravesMississippi Supreme Court · 1841