Curtis,  J.  This  has  been  a  very  vexed  question  both  in  the
United  States  and  in  England ;  but  I  consider  the  better
opinion  to  be  that  the  evidence  is  admissible.  I  do  not  allow
you  to  ask  the  witness  what  he  himself,  as  an  underwriter,
would  have  done ;  but  whether,  from  his  knowledge  of  the
business  he  is  able  to  state  that  the  facts  in  question  would,
or  would  not  have  an  influence,  with  underwriters  generally,
in  determining  the  amount  of  the  premium.  If  his  knowledge
and  skill  in  this  particular  business  does  enable  him  to  state
this,  I  think  it  is  legal  evidence.  True,  it  is  but  an  opinion ;
and  so  is  nearly  all  evidence  of  value.  If  you  inquire  of  a
sugar  broker,  whether  the  existence  of  a  certain  quality  in
sugar,  as,  for  instance,  dryness,  aflects  the  value  of  the  article
in  the  market,  you  do  but  get  his  opinion,  or  judgment,  that
the  existence  of  that  fact  has  an  influence  with  purchasers,
generally,  in  determining  the  price*     He  may  never  have  heard


MAY  TERM,  1855.  2Sl

Wairen  et  ci,  r.  Peaslee.
