Wallace v. Child

Headnote

Thomas Wallace v. Child and Styles. Competency of witness. In an action on a policy of insurance, the master of a ship, owning part of the cargo, insured bj other underwriters, who refused to pay until the determination of this suit, was admitted a wit ness, swearing himself to be disinterested. Suit on a policy of insurance. It was set forth in the declaration, that the vessel sprung a leak at sea, and put into Providence through necessity. The master of the ship was produced by the plaintiff as a witness, to prove the bill of lading, and to give a general account of the transactions on board the vessel and at Providence. I-Iis admission was opposed, because the captain himself had goods on board, which were insured, and the money was refused to be paid by the underwriters on his policy, until this suit was determined, and therefore he was interested.. But it was answered, that the master of the ship was the only person who can be supposed capable of giving a full account of the matter : and part of the defense in this case being, that the goods insured were enumerated commodities, and therefore not lawful tó be shipped from Carolina to Madeira; and the master’s goods insured were not to be landed at Madeira, but at London; therefore, the master’s insurance could not be affected by any determination in this case.

OCR confidence 0.391 is below 0.7. This text was read from a scan and contains transcription errors. It may be relied on for what the case decided, but must not be presented as a verbatim quotation.