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

Per Curiam.

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