Moore v. Fire & Marine Ins.
Supreme Court of Virginia
This is a writ of error to a judgment rendered on the 3d day of February, 1873, by the circuit court of the city of Richmond in an action of assumpsit brought in said court by David W. Moore against the Virginia Fire and Marine Insurance company of Richmond, on a policy of insurance. Issue was joined on the *plea of non assumpsit, and leave was given to introduce any evidence under that plea that could be introduced under any special plea.
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This is a writ of error to a judgment rendered on the 3d day of February, 1873, by the circuit court of the city of Richmond in an action of assumpsit brought in said court by David W. Moore against the Virginia Fire and Marine Insurance company of Richmond, on a policy of insurance. Issue was joined on the *plea of non assumpsit, and leave was given to introduce any evidence under that plea that could be introduced under any special plea. The jury found a verdict for the defendants on the issue joined; and thereupon the plaintiff moved the court to set aside the verdict and grant a new…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court. After stating the case, he proceeded:
The plaintiff in error, in his petition for a writ of error, assigns but two errors in the judgment, both of them being in the instruc*167tions given by the court to the jury. The chief of these assignments of error in the instructions is,
*lst. In ruling that fraud and false swearing as to one independent subject of insurance avoided the whole policy.
There is a provision in the policy that “all fraud, or attempt at fraud, or false swearing on the part of the assured, or on the part of any person in his behalf,…
2Cited by16 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Va. Fire & Marine Insurance v. VaughanSupreme Court of Virginia · 1892
- Fowler v. Phœnix InsuranceOregon Supreme Court · 1899
- Essex Savings Bank v. Meriden Fire InsuranceSupreme Court of Connecticut · 1889
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