German-American Insurance v. Norris
Court of Appeals of Kentucky
Case 5 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The production of the certificate of the nearest magistrate or notary public, as required by the terms of the policy, is a condition precedent to the plaintiff’s right to recover; and this suit having been brought without the procurement of such a certificate, was premature, and can not be maintained. (Oldman v. Bewick, 2 H. Bl., 577; Rutledge v. Burrell, 2 H. Bl., 254; Ins.
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Case 5 — PETITION ORDINARY APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. The production of the certificate of the nearest magistrate or notary public, as required by the terms of the policy, is a condition precedent to the plaintiff’s right to recover; and this suit having been brought without the procurement of such a certificate, was premature, and can not be maintained. (Oldman v. Bewick, 2 H. Bl., 577; Rutledge v. Burrell, 2 H. Bl., 254; Ins. Co. v. Lawrence, 2 Peters. 25, and 10 Peters, 507; Leadbetter v. Ins. Co., 13 Me., 265; Worsley v. Wood, 6 Term Rep., 710; Johnson…
1Opinion of the Court
JUDGE GUFFY
DELIVERED THE OPINION OF THE COURT:
This appeal is prosecuted from a judgment of tbe Jefferson Circuit Court, Common Pleas division, rendered in tbe suit of M. T. Norris, &c., against tbe appellant, German-American Insurance Co. Tbe suit was to recover $2,500, tbe amount of a policy issued by tbe appellant to appellee, Mary V. Norris, on a bouse then being built in Warwick Villa, Jefferson county, and wbicb was destroyed by fire in December, 1892. Tbe appellant resisted a recovery on five different grounds: 1st. That tbe amount of tbe loss was not $2,500.
2d. That tbe appellee bad…
2Cases cited3 opinions
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