Croft v. Hanover Fire Insurance
West Virginia Supreme Court
In any action or suit founded upon contract, every averment setting forth the date and terms of the contract is an allegation of matter of essential description, and must be proven with a degree of strictness extending to literal precision.— Greenl. on Ev. vol. 1, part 2, chap. 2, §§ 56-58; 8 W. Va. 285 ; Idem, 556 ; 8 W. Va. 568. To constitute a valid contract to insure against .loss by fire, the minds of the ■parties must meet as to the premises to he insured, and the…
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In any action or suit founded upon contract, every averment setting forth the date and terms of the contract is an allegation of matter of essential description, and must be proven with a degree of strictness extending to literal precision.— Greenl. on Ev. vol. 1, part 2, chap. 2, §§ 56-58; 8 W. Va. 285 ; Idem, 556 ; 8 W. Va. 568. To constitute a valid contract to insure against .loss by fire, the minds of the ■parties must meet as to the premises to he insured, and the risk, as to the amount of the policy, the date it should begin, and the time for which it should run; and as to the premium…
1Opinion of the Court
BraNNON, J udge ;
This was a suit in equity in the Circuit Court of Wood county by Walter L. Croft against the Hanover Fire Insurance Company and the Citizens’ Fire Insuance Company for the specific performance of an agreement to issue a policy of insurance upon a dwelling house; which was consumed, by fire. The court decreed that the insurance companies pay the insurance stipulated for, and the companies appeal.
No policy was actually issued, but the suit is based on an oral contract to insure and to issue a policy accordingly. As the “Statutes of Frauds and Perjuries,” so called (Code, c. 98)…
2Cases cited13 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Insurance Co. v. ColtSupreme Court of the United States · 1875
- Deitz v. Prov. Wash. Ins.West Virginia Supreme Court · 1890
- James & Mitchell v. AdamsWest Virginia Supreme Court · 1875
- Travis v. Peabody InsuranceWest Virginia Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Austin Fire Ins. Co. v. Adams-Childers Co.Texas Commission of Appeals · 1923
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Collins v. Aetna InsuranceSupreme Court of Florida · 1931
- Milwaukee Bedding Co. v. GraebnerWisconsin Supreme Court · 1923
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