Travelers Fire Insurance Co. v. Wright

J.B. Wright and J.C. Wright brought an action to recover on two fire insurance policies. The defendant insurance companies alleged that the fire that destroyed the plaintiff's property was caused intentionally caused by J.B. Wright, with the intent of cheating and defrauding defendants. To establish this, the defendants sought to admit the testimony of two witnesses who had previously testified in J.B. Wright's criminal trial for arson. The two witnesses were unavailable, refusing to testify on Fifth Amendment claims. In response, the defendant sought to have the testimony from J.B. Wright's criminal trial admitted.

"It is quite often stated that before testimony can be taken from a former trial or proceeding and introduced in a subsequent trial there must be (1) an inability to obtain the testimony of the witness; (2) there must have been an opportunity to cross-examine the witness in the former trial; (3) there must be an identity, or substantial, identity of issues, and (4) parties. These requirements are recognized in the Concordia case." In this case, although J.C. Wright was not involved in the criminal trial, the Court held that J.B. Wright had the same MOTIVE and INTEREST in cross-examining the witnesses, and thus, the requirement of identity of parties was satisfied.

The Hearsay Rule | Exceptions and Exemptions