Ewer v. Washington Insurance
Massachusetts Supreme Judicial Court
Ewer v. Washington Insurance, 33 Mass. 502 (Mass. 1835)
Ewer v. Washington Insurance
Opinion of the Court
The memorandum is unambiguous in its language, and is admitted to be a part of the contract and to constitute a warranty that the ship insured was spoken with as therein stated ; and it is perfectly clear, that “ 27th August ” was inserted by mistake instead of “ 20th August.” Perhaps a court of chancery would reform the policy, in such a case ; but the only question before us is, whether, in a court of law, the parol evidence was admissible ; and we are of opinion that the general rule must be applied, that parol evidence cannot be ■ received to vary, contradict or control a written contract. Miller v. Travers, 8 Bingh. 244, and Higginson v. Dall, 13 Mass. R. 96, are very strong cases on this point.
New trial granted.
Reference
- Full Case Name
- Silvanus Ewer versus The Washington Insurance Company
- Status
- Published