Downs v. German Alliance Insurance
Superior Court of Delaware
Action to recover on insurance policies for the value of certain sewing machines of the plaintiff destroyed by fire in a building or factory in the town of Georgetown, on April 7, 1904. The plaintiff’s evidence disclosed the following facts: That the policy, which was for $1,000, was dated December 12, 1903, and issued for one year.
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Action to recover on insurance policies for the value of certain sewing machines of the plaintiff destroyed by fire in a building or factory in the town of Georgetown, on April 7, 1904. The plaintiff’s evidence disclosed the following facts: That the policy, which was for $1,000, was dated December 12, 1903, and issued for one year. That Frank W. Donovan—who was admitted by defendants’ counsel to be the local agent of the defendants for the purpose of soliciting insurance—first learned of the fire and went out and notified the plaintiff of th efact; that the plaintiff inquired as to what was…
1Opinion of the CourtPennewill, J.
Gentlemen, we feel very reluctant in this, as we do in any case, to order a nonsuit, and withdraw the case from the jury; but under the evidence now before us and the law applicable thereto, as we understand it, we do not see how we can possibly avoid granting the motion, and we therefore direct that a nonsuit be entered, on the third ground upon which counsel for defendant bases his motion, to wit: “Because it appears from the plaintiff’s evidence that the subject of the insurance was a manufacturing establishment, being a shirt factory, and that it ceased to be operated for more than ten…
2Cited by4 opinions
- Libby Lumber Co. v. Pacific States Fire InsuranceMontana Supreme Court · 1927
- Shaw v. Aetna Life Insurance Co.Superior Court of Delaware · 1978
- Murray v. Lititz Mutual InsuranceSuperior Court of Delaware · 1948
- Wilmington Amusement Co. v. Pacific Fire InsuranceSuperior Court of Delaware · 1941