Legal Opinion

Franklin Fire Insurance v. Chicago Ice Co.

Court of Appeals of Maryland

Decided May 22, 1872PublishedCited by 37 opinions

Appeal from the Superior Court of Baltimore City. This was an action of covenant on a policy of insurance issued by the appellant to the appellees, insuring against loss or damage by fire, to the amount of twenty-five hundred dollars, from the 10th of November, 1868, to the 10th of November, 1869, “their one story frame ice house, situate, detached, on the line of the Chicago and North Western Railroad, at Chrystal Lake, McHenry County, Illinois.”' The fire occurred early on…

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Appeal from the Superior Court of Baltimore City. This was an action of covenant on a policy of insurance issued by the appellant to the appellees, insuring against loss or damage by fire, to the amount of twenty-five hundred dollars, from the 10th of November, 1868, to the 10th of November, 1869, “their one story frame ice house, situate, detached, on the line of the Chicago and North Western Railroad, at Chrystal Lake, McHenry County, Illinois.”' The fire occurred early on the morning of the 11th of August, 1869, and on the same day, Mr. Blake, the secretary of the appellee, gave notice of…

1Opinion of the CourtBartol, C. J.

This is an action of covenant on a policy of insurance, issued by the appellant to the appellee, “ on their one-story frame ice house, -situate, detached, on the line of the Chicago and N. W. R». R., at Chrystal Lake, McHenry Co;, Illinois.”

*117So question arises upon the pleadings, all errors therein having been waived by agreement.

The first ground of defence relied on by the appellant, was the failure of the appellee to furnish the preliminary proof of loss, in manner and form as required by the tenth condition of the policy. The fire occurred on the morning of the 11th of August, 1869, and on…

2Cases cited5 opinions

  1. Abbott v. GatchCourt of Appeals of Maryland · 1859
  2. Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
  3. Franklin Fire Ins. v. CoatesCourt of Appeals of Maryland · 1859
  4. Allegre v. Maryland InsuranceCourt of Appeals of Maryland · 1824
  5. Edwards v. Baltimore Fire InsuranceCourt of Appeals of Maryland · 1845

3Cited by37 opinions

  1. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  2. Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
  3. Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
  4. Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
  5. Insurance Co. v. BrodieSupreme Court of Arkansas · 1889

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