Franklin Fire Ins. v. Coates
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Covenant upon a policy of insurance under seal, brought on the 7th of January 1854, by the appellees against the appellant. Plea, non infregit, with leave to introduce any matter of defence which might be pleaded or given in evidence under any other plea. Exception.
Read the full summary
Appeal from the Superior Court of Baltimore City. Covenant upon a policy of insurance under seal, brought on the 7th of January 1854, by the appellees against the appellant. Plea, non infregit, with leave to introduce any matter of defence which might be pleaded or given in evidence under any other plea. Exception. The policy, (admitted to have been duly executed,) is dated the 27th of August 1847, and was issued to Coates & Glenn for $300, “on lumber piled on the northeast side of Pennsylvania Avenue, near Baker street, including some window frames stored in the yard. Baltimore, Maryland.”…
1Opinion of the CourtBartol, J.
The several questions presented by this appeal may be slated in the three following propositions:
1. Was the preliminary proof, required by the 8th condition of the policy, waived by the appellants ?
2. Had the appellees any iusurable interest in the property named in the policy ?
3. Was there, in obtaining the insurance, any misrepresentation or concealment of facts material to the risk, which renders the policy void ?
These propositions will be considered in the order in which they have been stated.
1. The testimony of Mr. P. II. Smith, the agent of the company, is, that a day or two after the…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Allegre v. Maryland InsuranceCourt of Appeals of Maryland · 1824
- Carson v. WhiteCourt of Appeals of Maryland · 1847
3Cited by25 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Barry Properties v. Fick Bros. Roofing Co.Court of Appeals of Maryland · 1976
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
20 more not listed; retrieve them via the Exa API.