Citation: WALLACE v. CHILD AND STYLES, 1 U.S. 7 (1763)
Facts of the Case:
The case involved a suit on a policy of insurance. A cargo ship, en route to Madeira, sprang a leak at sea and was forced to divert to Providence, Rhode Island
The plaintiff, Thomas Wallace, sought to recover on the insurance policy to cover the losses incurred due to the leak.
Issues of the Case:
Admissibility of the Master as a Witness: The main issue was whether the master of the ship could testify as a witness, given that he had goods on board which were insured
Validity of the Insurance Claim: Another issue was whether the goods insured were lawful to be shipped from Carolina to Madeira
Plaintiff:
Thomas Wallace: The plaintiff who brought the suit to recover on the insurance policy
Defendant:
Child and Styles: The defendants, who were the underwriters of the insurance policy
Court which Decided the Case:
Supreme Court of Pennsylvania: The case was decided during the April Term of 1763
Judgement:
The court ruled that the master of the ship should be examined on voir dire (a preliminary examination to determine the admissibility of a witness)
If he stated he was disinterested, he would be sworn in chief and admitted as a witness. The court ultimately ruled in favor of the plaintiff, allowing the master to testify
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