Legal Opinion

Ben Franklin Insurance v. Gillett

Court of Appeals of Maryland

Decided June 30, 1880PublishedCited by 19 opinions

Appeals from the Circuit Court of Baltimore City. The appellee filed a hill against the’ appellant, for the correction of a mistake in a policy of insurance, issued to him by the appellant, and the payment of a loss insured against under the policy. The nature of the mistake and the facts of the case are stated in the opinion of the Court.

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Appeals from the Circuit Court of Baltimore City. The appellee filed a hill against the’ appellant, for the correction of a mistake in a policy of insurance, issued to him by the appellant, and the payment of a loss insured against under the policy. The nature of the mistake and the facts of the case are stated in the opinion of the Court. The defendant filed the following plea to the jurisdiction of the Court: “ And the said Ben Franklin Insurance Company of Allegheny, Pennsylvania, submits this, its plea to the jurisdiction of this Honorable Court in the above entitled cause, and says: That…

1Opinion of the CourtRobinson, J.

The defendant is a foreign corporation, but was at the time of issuing the policy now in controversy, doing business in this State, and H. G-. Stewart & Co. were their general agents for the transaction of-insurance business.

The plaintiff is a citizen of Virginia, and the property insured is situate in that State.

The policy was issued in the City of Baltimore on the 20th of June, 1877, and mailed to the plaintiff at Norfolk, Virginia, and the property was destroyed by fire on the 24th March, 1878.

In January, 1878, more than two months before the loss under this policy, the defendant…

2Cases cited5 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
  3. Insurance Company v. MahoneSupreme Court of the United States · 1875
  4. Peck v. New London County Mutual InsuranceSupreme Court of Connecticut · 1852
  5. Woodruff & Beach Iron Works v. StetsonSupreme Court of Connecticut · 1862

3Cited by19 opinions

  1. Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
  2. McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  3. Urquhart v. Alexander & Alexander, Inc.Court of Appeals of Maryland · 1972
  4. Canatella v. DavisCourt of Appeals of Maryland · 1972
  5. Phœnix Insurance v. RylandCourt of Appeals of Maryland · 1888

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