Steele v. Phoenix Insurance
Supreme Court of Pennsylvania
HpHIS cause came before the court upon a point reserved by his honour Judge Brackenridge at the trial in October last. It was an action upon a policy ,of insurance to recover a total loss, which the defendants resisted upon the ground of concealment. The cause was first tried before the Chief Tus- . , ,. r tice, where a verdict was found for the plaintiffs, which was afterwards set aside as being against the weight of evidence.
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HpHIS cause came before the court upon a point reserved by his honour Judge Brackenridge at the trial in October last. It was an action upon a policy ,of insurance to recover a total loss, which the defendants resisted upon the ground of concealment. The cause was first tried before the Chief Tus- . , ,. r tice, where a verdict was found for the plaintiffs, which was afterwards set aside as being against the weight of evidence. Upon the second trial, the plaintiffs’ counsel shewed to the court that the suit was brought to March term 1805; that on the third of June following, the plaintiffs…
1Opinion of the Court
Tilghman C. J.
If William Steele was not a competent witness, it must be, either because he was interested at thq time the action was commenced, or because he was interested at the time he was offered as a witness, or because he was a party to the suit, or because it is against the principles of sound policy to admit him. All the objections which have been urged in the argument, may be reduced to one of these four heads.
1. The reason that interest renders a witness incompetent, is, that it may be supposed to have an influence on his mind, at the time that he gives his testimony. That is the…
2Cases cited1 opinion
- M'CULLUM v. CoxeSupreme Court of the United States · 1785
3Cited by21 opinions
- Kohr v. KohrSuperior Court of Pennsylvania · 1979
- Karns v. TannerSupreme Court of Pennsylvania · 1870
- McFadin v. MacGrealTexas Supreme Court · 1860
- Crawford v. BrookeCourt of Appeals of Maryland · 1846
- Patton's administrators v. AshSupreme Court of Pennsylvania · 1821
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