Insurance Co. v. Leslie
Ohio Supreme Court
Ebror to the Circuit Court of Ashtabula county. On the 1st day of June, 1883, the plaintiff in error, a foreign insurance company doing business in this state, issued and delivered to the defendant in error, a resident of the county of Ashtabula, its policy of insurance, whereby, in consideration of the payment of the premium therein mentioned, it agreed and undertook to insure him to the amount of seven hundred dollars on his frame building situated in that county, against…
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Ebror to the Circuit Court of Ashtabula county. On the 1st day of June, 1883, the plaintiff in error, a foreign insurance company doing business in this state, issued and delivered to the defendant in error, a resident of the county of Ashtabula, its policy of insurance, whereby, in consideration of the payment of the premium therein mentioned, it agreed and undertook to insure him to the amount of seven hundred dollars on his frame building situated in that county, against loss or damage by fire for the term of one year. The building is described in the policy as a “ frame building belonging…
1Opinion of the CourtWilliams, J.
The plaintiff in error contends for the reversal of the judgments below, on the grounds; (1). That, as the pleadings admit no award was made by arbitrators fixing the amount of the loss, as provided by the policy, the plaintiff could not maintain the action; (2). That the false statement of the plaintiff, in the application for the insurance, that the building was occupied as a dwelling and store-room, when in fact it was unoccupied, vitiated the policy; and (3). That the plaintiff, in the application, falsely represented and warranted the property to be of a value grossly in excess of its…
2Cases cited7 opinions
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Cayon v. Dwelling House InsuranceWisconsin Supreme Court · 1887
- Bammessel v. Brewers' Fire Insurance Co. of AmericaWisconsin Supreme Court · 1877
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