Legal Opinion

Imperial Fire Ins. v. Kiernan

Court of Appeals of Kentucky

Decided December 17, 1885PublishedCited by 18 opinions

Case 67 — PETITION ORDINARY— APPEALS prom jepperson court op common pleas. 1. A special verdict must find all the essential facts. The. verdict in this case did not authorize a judgment for the plaintiff, because it. did not find any sum for which judgment should be given if the law should be found for him.

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Case 67 — PETITION ORDINARY— APPEALS prom jepperson court op common pleas. 1. A special verdict must find all the essential facts. The. verdict in this case did not authorize a judgment for the plaintiff, because it. did not find any sum for which judgment should be given if the law should be found for him. (Wait’s N. T. Annotated Code, section 260. page 464; Manning v. Monaghan, 23 N. V., 539-41; Eiseman v. Swan, 6 Bosworth, 669; L., 0. & L. E. E. Oo. v. Case, 9 Bush, 734; Walker’s American Law, pages 645-6 and note a; Oarruthers’ History of a Law Suit, page 232; Minor’s Institutes, vol. 4,…

1Opinion of the Court

■ JUDGE HOLT

delivered the opinion oe the court.

The policy of insurance issued by the appellants to the appellee, John Kiernan, was for one year from January 15, 1881, and described the property as “his two-story brick, single roof building, occupied ■ as a family residence. ”

A subsequent clause provided for its becoming void in these words: “or shall be or become vacant ■ or unoccupied without notice to and consent of these ■ companies in writing.”

When insured it was occupied as a family residence by a tenant of the appellee, and the char■acter of the house was never changed; but on November…

2Cases cited2 opinions

  1. Germania Insurance v. RudwigCourt of Appeals of Kentucky · 1882
  2. People ex rel. Allen v. HillCalifornia Supreme Court · 1860

3Cited by18 opinions

  1. Equitable Life Assurance Society of the United States v. GobleCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
  3. Witt v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1914
  4. Ruhrwein v. GebhartCourt of Appeals of Kentucky · 1890
  5. Whitmer v. CardwellCourt of Appeals of Kentucky · 1922

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