Summerfield v. North British & Mercantile Ins. Co.
District Court, W.D. Virginia
In Assumpsit. This was an action by Mrs. R. Summerfield against tbe North British & Mercantile Insurance Company on a policy of insurance against fire. This is an action of assumpsit brought on a policy of fire insurance issued by the defendant company to the plaintiff. The contract of the defendant company is to insure the plaintiff against all direct loss or damage by fire, to an. amount not exceeding $2,600, on her certain property described in the policy.
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In Assumpsit. This was an action by Mrs. R. Summerfield against tbe North British & Mercantile Insurance Company on a policy of insurance against fire. This is an action of assumpsit brought on a policy of fire insurance issued by the defendant company to the plaintiff. The contract of the defendant company is to insure the plaintiff against all direct loss or damage by fire, to an. amount not exceeding $2,600, on her certain property described in the policy. Of the amount of insurance covered by üie policy, $2,250 was on the plaintiff’s brick and tin building, $200 on steam, water, and gas…
1Opinion of the CourtPaul, District Judge
(after stating the facts as above). The stipulation between the parties being that the defendant company defends the action on no other grounds than that raised by its *257special plea, the sole question for the court to decide is that raised by said plea, namely, has the plaintiff ihe right to bring and maintain this action, there having been no appraisement of the loss sustained by her for which she claims damages? This case resembles, in some of its features, the case of Hamilton v. Liverpool, etc., Ins. Co., 136 U. S. 242, 10 Sup. Ct. 945, but there are material differences between the two.…
2Cases cited2 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
3Cited by2 opinions
- Schouweiler v. Merchants' Mutual InsuranceSouth Dakota Supreme Court · 1899
- United Autographic Register Co. v. WightCourt of Appeals for the Eighth Circuit · 1921