(Download) "Seth Spring and Sons, Appellants v. the South Carolina Insurance Company" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Seth Spring and Sons, Appellants v. the South Carolina Insurance Company
- Author : United States Supreme Court
- Release Date : January 21, 1823
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
Feb. 13th. Mr. Wheaton, for the appellants, stated, 1. That he would first clear the case of all extraneous matters, and for this purpose would throw out of it both Haslett's and Lindsay's claim. The former was justly postponed to that of S. Spring & Sons, by the Court below; he has not appealed, and could have no claim under the attachment suits, for Dearborne died before his suit was even commenced. The claim of Lindsay, (so as it arises from his attachment,) must also be rejected on two grounds: 1st. The policy of insurance on the Abigail Ann had been transferred long before his suit. 2d. It was abated by the death of Dearborne. This was understood to be the local law, as established by the decisions of the Courts of South Carolina. Crocker v. Radcliffe, 3 Brev. 23. The order, dated the 23d of May, 1813, and signed by Harford, as Dearborne's agent, and read in evidence as an exhibit, must also be excluded from the cause. There is no evidence that he was the agent of Dearborne for this purpose; and even if he had been, the paper was irregularly introduced. It is the settled practice of the Court of Chancery, wherever any thing like a regular practice prevails, that no exhibit can be proved at the hearing, without satisfactory reasons why it was not proved in the usual way, before the examiner; and if proved at the hearing, a cross-examination of the witnesses is always allowed. And an order must be previously obtained, or, at least, notice given. Consequa v. Fanning, 2 Johns. Ch. 481, and the cases there cited.
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