Va. Fire & Marine Insurance v. Vaughan
Supreme Court of Virginia
Error to judgment of the circuit court of Southampton county, rendered January 15th 1891, in an action of trespass on the case in assumpsit, wherein C. C. Vaughan was plaintiff, and the Virginia Eire and Marine Insurance Company was defendant, the case being as follows : On the 27th of September, 1888, D. Lassiter and M. L. Beale, under the firm-name of D. Lassiter & Co., commenced business as grocers and liquor merchants at the town of Franklin, in Southampton county.
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Error to judgment of the circuit court of Southampton county, rendered January 15th 1891, in an action of trespass on the case in assumpsit, wherein C. C. Vaughan was plaintiff, and the Virginia Eire and Marine Insurance Company was defendant, the case being as follows : On the 27th of September, 1888, D. Lassiter and M. L. Beale, under the firm-name of D. Lassiter & Co., commenced business as grocers and liquor merchants at the town of Franklin, in Southampton county. On the 27t.h of the following month the defendant company, the plaintiff in error here, issued a policy of insurance for…
1Opinion of the Court
Leitcs, P.
(after stating the case), delivered the opinion of the court.
1. There is no error in the order of the circuit court remanding the case to rules to be properly matured. The defect was not in the writ itself, but in the service and return, and that was no ground for quashing the writ. The recent case of R. & D. R. R. Co. v. Rudd, ante, p. 648, is a sufficient authority upon this point.
2. This also disposes of the question whether the action was commenced within the time stipulated for in the policy; that *835is, “ within six months next, succeeding the date of the fire or damage.” The…
2Cases cited10 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Cowan v. Iowa State InsuranceSupreme Court of Iowa · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Khadouri Chaachou v. American Central Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
- Columbian Ins. v. Modern Laundry, Inc.Court of Appeals for the Eighth Circuit · 1921
- Fowler v. Phœnix InsuranceOregon Supreme Court · 1899
- Gechijian v. Richmond InsuranceMassachusetts Supreme Judicial Court · 1937
- Henricksen v. Home InsuranceOregon Supreme Court · 1964
18 more not listed; retrieve them via the Exa API.