Baltimore Insurance Co. v. M'Fadon
Court of Appeals of Maryland
Ai-fkai. from Baltimore County Court. This was ¡A ¶¶ action of covenant on a policy of insurance dated the 11 tii of March if 99, brought in the name of John M-Fadon, as surviving partner of S. Lawson, for the use of Dorsey and Llollim.
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Ai-fkai. from Baltimore County Court. This was ¡A ¶¶ action of covenant on a policy of insurance dated the 11 tii of March if 99, brought in the name of John M-Fadon, as surviving partner of S. Lawson, for the use of Dorsey and Llollim. The defendants, (now appellants,) pleaded infre.gU eonventionem, and bankruptcy of the plaintiff, issue was joined to the first plea, and a replication to the - . ,. .. in *n»*i second plea, that the policy was assigned, &c. ¿iejosnaer, that all errors in the pleadings should be released. . t „ that there was no assignment. I here was an agreement 3 iJ The…
1Opinion of the CourtJohnson, J.
This is an action brought on an open policy of insurance, in which the plainfiff’must not only show that the event insured against has taken place, but also establish the value of the goods insured. Had the suit been on a valued policy, proof to the first point would only have been necessary — the parties themselves having agreed oa the amount to be recovered, in the event of a recovery, when the policy was entered into.
To free themselves from the plaintiff’s claim, the underwriters produced, by way of discount or set-off, several notes, joint and several, executed by the insured to them.…
2Cited by5 opinions
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- Annan v. HouckCourt of Appeals of Maryland · 1846
- Norwood Paper Co. v. Columbia Paper Bag Co. of Baltimore CityCourt of Appeals for the Fourth Circuit · 1911
- Tyrrell v. TyrrellCourt of Appeals of Maryland · 1880
- Strike's CaseHigh Court of Chancery of Maryland · 1822