Wolff v. Liverpool & London & Globe Insurance
Supreme Court of New Jersey
On demurrer to pleas. The following plea was demurred to: And for a further plea in this behalf the said defendant, by ■leave of the court here for this purpose had and obtained, according to the form of the.statute in such case made and provided, says- that the said plaintiff ought not to have and •maintain her aforesaid action thereof against it because it says that the several supposed promises and undertakings in the said declaration mentioned were, and each and every of…
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On demurrer to pleas. The following plea was demurred to: And for a further plea in this behalf the said defendant, by ■leave of the court here for this purpose had and obtained, according to the form of the.statute in such case made and provided, says- that the said plaintiff ought not to have and •maintain her aforesaid action thereof against it because it says that the several supposed promises and undertakings in the said declaration mentioned were, and each and every of them ■was, made by the said defendant in a certain policy of insurance, a copy of which is hereto annexed, reference…
1Opinion of the Court
The opinion of the court- was delivered by
Beasley, Chief Justice.
The fundamental fact in the plea which has called out this demurrer, is that it was one of the terms of the contract of insurance that if any difference should arise as to the amount of the loss, such disagreement should be submitted, at the request of either party, to two impartial persons, such appraisers, in case of'disagreement, to have power to select an umpire to act with them. The plea further avers that by the policy it was stipulated that the loss *456should not be payable until such appraisal, and that, in the language of…
2Cited by9 opinions
- Gasser v. Sun Fire OfficeSupreme Court of Minnesota · 1890
- Gray v. Reliable Ins. Co.Supreme Court of Oklahoma · 1910
- Lower Baraboo River Drainage District v. SchirmerWisconsin Supreme Court · 1929
- Bell v. Western Ry.Supreme Court of Alabama · 1934
- Manchester Fire Assurance Co. v. KoernerIndiana Court of Appeals · 1895
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