Hillerich v. Franklin Ins.
Court of Appeals of Kentucky
Cask 30 — Actions on Policies of Fire Insurance APPEALS FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendants and Plaintiffs Appeal.
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Cask 30 — Actions on Policies of Fire Insurance APPEALS FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendants and Plaintiffs Appeal. POINTS AND AUTHORITIES. 1. Where the defendant fails to demur to an insufficient petition and the proof covers all the allegations necessary to a recovery, the defendant is not entitled to a judgment, notwithstanding the verdict, because a demurrer would have enabled plaintiff ■to make the correction in his pleadings, which proof shows he was able to make, and after judgment on appeal, holding petition bad, after judgment for plaintiff,…
1Opinion of the Court
*258Opinion of the court by
JUDGE DuRELLE
Reversing.
The same question is presented by each of the three records. Suit was brought upon policies of insurance issued by each of the three appellees upon “the brick, metal-roof building, including frame addition, situate No. 216, on the west side of First street, between Main and Market streets, Louisville, Ky.,” with a stipulation for other sums of insurance on machinery and material, “all while contained in the above-described building.” On lot No. 216 there was a brick building. Back of it, and attached', thereto, was a frame addition. The material…
2Cases cited8 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
- Thomas v. JoslinSupreme Court of Minnesota · 1886
- Spurr v. Home InsuranceSupreme Court of Minnesota · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Franciscan Hotel Co. v. Albuquerque Hotel Co.New Mexico Supreme Court · 1933
- Louisville Woolen Mills v. KindgenCourt of Appeals of Kentucky · 1921
- Baird v. Erie RailroadNew York Supreme Court · 1911