Franklin Fire Insurance v. Hamill
Court of Appeals of Maryland
Appeal from Baltimore county court. Covenant by the appellee against the appellants, upon an insurance policy for “$3000 on goods” “viz: on steam engine $500, on machinery $2500,.of a plaster mill,, contained in a three-story brick warehouse,” &c.
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Appeal from Baltimore county court. Covenant by the appellee against the appellants, upon an insurance policy for “$3000 on goods” “viz: on steam engine $500, on machinery $2500,.of a plaster mill,, contained in a three-story brick warehouse,” &c. By the terms of the policy the company agreed to pay, to the extent of $3000, all damage or loss occasioned by fire, within,one year, to said property, “unless the said company shall, within thirty days after the proof of such damage or loss, furnish the insured with the like quantity of any or all of the.said goods, and of •the same quality, as…
1Opinion of the CourtMason, J.
This case has already been before this court and is reported in 6 Gill, 87. Upon the former appeal it was held that there was but one plea in the case, that of non infregit, and that the evidence offered by the defendants was inadmissible under that plea.
The case as now presented shows, that upon the second trial in the court below under a procedendo, the defendants relied upon six additional defences, which, under the agreer ment between the parties, we are to treat as having been regularly pleaded.
These defences are: — 1st, enlargement of the time of the performance of the covenant; 2nd, a…
2Cases cited4 opinions
- Lattimore v. HarsenNew York Supreme Court · 1817
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Langworthy & Clark v. SmithNew York Supreme Court · 1829
- Franklin Fire Insurance v. HamillCourt of Appeals of Maryland · 1847
3Cited by6 opinions
- Pope v. KingCourt of Appeals of Maryland · 1908
- Herzog v. SawyerCourt of Appeals of Maryland · 1884
- O'Brien v. FowlerCourt of Appeals of Maryland · 1887
- Porter v. Berwyn Fuel & Feed Co.Court of Appeals of Maryland · 1966
- Knabe v. BowlesCourt of Appeals of Maryland · 1914
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