Morgan v. Franklin Insurance Co.
West Virginia Supreme Court
This is an action of assumpsit, brought by the Plaintiff against the Defendant, in the Circuit Court of Ohio county, to recover $1,000, the amount alleged to be “due for loss by fire, insured against by said Company,” and in which there was a verdict and judgment for the Plaintiff for the amount claimed, with interest.
Read the full summary
This is an action of assumpsit, brought by the Plaintiff against the Defendant, in the Circuit Court of Ohio county, to recover $1,000, the amount alleged to be “due for loss by fire, insured against by said Company,” and in which there was a verdict and judgment for the Plaintiff for the amount claimed, with interest. On the trial, a witness, Hall, for the Plaintiff, was asked, upon cross-examination, and for the purpose of impeaching his testimony, whether he had not at a certain interview with Arthur, a witness for the Defendant, told him that threats had been made to burn the mill, and of…
1Opinion of the Court
Moore, Judge.
The question of demurrer having been waived in the argument of this cause, there is but one point left for the consideration of the Court on this appeal, and that is the refusal of the Circuit Court to permit the witness, Ü5T. C. Arthur, to answer the last question propounded to him by Defendant’s attorney, in the attempt to impeach the testimony of the witness, Leonard S. Hall.
Following the current of authority, it seems to be the established rule, that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of…
2Cases cited2 opinions
- Unis v. Charlton's adm'rSupreme Court of Virginia · 1855
- Forde v. CommonwealthSupreme Court of Virginia · 1864
3Cited by9 opinions
- Addair v. BryantWest Virginia Supreme Court · 1981
- State v. BlakeWest Virginia Supreme Court · 1996
- Nash v. Fidelity-Phenix Fire InsuranceWest Virginia Supreme Court · 1929
- Wilson v. McCoyWest Virginia Supreme Court · 1920
- Peterson v. Paint Creek Collieries Co.West Virginia Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.