Legal Opinion

Allen v. Mutual Fire Insurance

Court of Appeals of Maryland

Decided June 15, 1852PublishedCited by 14 opinions

This is an appeal- from Plarford county court, in an action upon a policy of insurance, in which the appellant was the plaintiff. Verdict was rendered for the defendant. The policy of insurance was dated 6th January 1845.—A mill situated in Harford county and which was thereby insured, was accidentally destroyed by fire 21st April 1847. Allen had paid the interest on his premium note, and the plaintiff insists that the policy remained in full force at the time of the fire.

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This is an appeal- from Plarford county court, in an action upon a policy of insurance, in which the appellant was the plaintiff. Verdict was rendered for the defendant. The policy of insurance was dated 6th January 1845.—A mill situated in Harford county and which was thereby insured, was accidentally destroyed by fire 21st April 1847. Allen had paid the interest on his premium note, and the plaintiff insists that the policy remained in full force at the time of the fire. According to the testimony, embodied in a bill of exceptions, Allen had commenced some improvements on the mill which was…

1Opinion of the CourtEcclestox, J.

This suit was instituted upon a policy, dated the 6th of January 1845, in which the defendants contracted to insure the plaintiff against all loss or damage by fire, that might happen to a “store and frame” grist mill, valued at $850, *116and a saw mill with a chair shop, and small sitting room attached, valued at $200.

The plaintiff gave his promissory note for the premium, as required by the company; and regularly paid the interest thereon.

On the night of the 21st of April 1847, the grist mill was accidently destroyed by fire. Due notice of which was given; and the defendants refusing to pay the…

2Cases cited3 opinions

  1. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
  2. Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
  3. Jolly's Adm'rs v. Baltimore Equitable SocietyCourt of Appeals of Maryland · 1827

3Cited by14 opinions

  1. Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
  2. State Department of Assessments & Taxation v. the Maryland-National Capital Park & Planning CommissionCourt of Appeals of Maryland · 1997
  3. Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
  4. Holbrook v. StateCourt of Appeals of Maryland · 2001
  5. Brown v. StateCourt of Appeals of Maryland · 1979

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