Harris v. Phœnix Insurance
Supreme Court of Connecticut
Scire facias brought upon a judgment in foreign attachment, in which the present defendants were factorized by the plaintiffs as debtors of one James A. Bass, for the amount due the latter for a loss by fire upon a policy of insurance issued by the defendants.
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Scire facias brought upon a judgment in foreign attachment, in which the present defendants were factorized by the plaintiffs as debtors of one James A. Bass, for the amount due the latter for a loss by fire upon a policy of insurance issued by the defendants. The suit was brought to the Supe rior Court in Hartford county, and tried upon the general issue, closed to the court, before Sanford, J. Judgment was rendered for the defendants and the plaintiffs moved for a new trial. The case is sufficiently stated in the opinion.
1Opinion of the CourtHinman, C. J.
Two objections to the plaintiffs’ recovery in this cause are made by the defendants, which will be noticed in the order in which they were made.
1. It is provided in the policy that no suit shall be sustainable in any court, unless it is commenced within twelve months next after the loss shall occur, and the claim is, that the original suit by these plaintiffs against the insured, Bass, (which was commenced within twelve months after the loss, though this scire facias upon the judgment in that suit was not brought within that time,) was not “ for the recovery of any claim by virtue of this…
2Cases cited1 opinion
- Dewit v. BaldwinConnecticut Superior Court · 1789
3Cited by18 opinions
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Ætna Insurance v. ShryerIndiana Supreme Court · 1882
- Helbig v. Citizens' InsuranceIllinois Supreme Court · 1908
- Finch v. Great American InsuranceSupreme Court of Connecticut · 1924
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
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