J. I. Kelly Co. v. Saint Paul Fire & Marine Insurance
Supreme Court of Florida
This case was decided by the Gourt En Banc. Writ of Error to the Circuit Court for Walton county. Statement. The plaintiff in error, hereinafter referred to as the plaintiff, sued the defendant in error as defendant below in the Circuit Court of Walton County upon a fire insurance policy, the declai atiori being as follows: “Now comes The J. I. Kelley Company, a corporation, incorporated and doing business under the laws of Florida, said plaintiff, and sues said defendant in…
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This case was decided by the Gourt En Banc. Writ of Error to the Circuit Court for Walton county. Statement. The plaintiff in error, hereinafter referred to as the plaintiff, sued the defendant in error as defendant below in the Circuit Court of Walton County upon a fire insurance policy, the declai atiori being as follows: “Now comes The J. I. Kelley Company, a corporation, incorporated and doing business under the laws of Florida, said plaintiff, and sues said defendant in the above entitled cause; For that in consideration of $75.30 to it paid and payment thereof acknowledged, the said…
1Opinion of the Court
Taylor, J.,
(after stating, the facts). — The assignments of error are as follows:
1st. The court erred in overruling plaintiff’s demurrer to defendant’s plea No. 1.
2nd. The court erred in sustaining defendant’s demurrer to plaintiff’s first replication to*, plea N’o. 1.
3rd. The Court erred in denying plaintiff’s motion to withdraw demurrer to second plea and file in lieu thereof replication. We Will dispose first of this third assignment of error with the remark that the record before us-presents nothing upon which this assignment can be predicated or considered. After the court below had made…
2Cases cited13 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Moore v. Hanover Fire InsuranceNew York Court of Appeals · 1894
- Hayes v. United States Fire InsuranceSupreme Court of North Carolina · 1903
- Norris v. Hartford Fire InsuranceSupreme Court of South Carolina · 1899
- Meadows v. Hawkeye InsuranceSupreme Court of Iowa · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hartford Fire Insurance v. HollisSupreme Court of Florida · 1909
- MacK v. Liverpool & London & Globe InsuranceIllinois Supreme Court · 1928
- State ex rel. American Fire Insurance v. EllisonSupreme Court of Missouri · 1916
- Peterson v. Hudson InsuranceArizona Supreme Court · 1932
- Georgia Home Insurance v. HoskinsSupreme Court of Florida · 1916
3 more not listed; retrieve them via the Exa API.