Westchester Fire Insurance v. Weaver
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was brought hy the appellee against the appellant, upon a policy of fire insurance, to recover for a loss by fire. The items for which a recovery was claimed being as follows: Item 1. $300, on stock of liquors and cigars. “ 2. 300, on looking glasses and bar fixtures. “ 3. 250, on piano. “ 4. 200, on dining room and kitchen furniture. “ 5. 300, on household furniture, bed and bedding.
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Appeal from the Superior Court of Baltimore City. This action was brought hy the appellee against the appellant, upon a policy of fire insurance, to recover for a loss by fire. The items for which a recovery was claimed being as follows: Item 1. $300, on stock of liquors and cigars. “ 2. 300, on looking glasses and bar fixtures. “ 3. 250, on piano. “ 4. 200, on dining room and kitchen furniture. “ 5. 300, on household furniture, bed and bedding. “ 6. 150, on wearing apparel. $1500 At the trial the Court (Brown, C. J.,) made certain rulings to which exception was taken by the defendant, and…
1Opinion of the CourtStone, J.
This is an action brought on a policy of insurance, against loss by fire. The loss was duly proved, but the company, among others, set up the defence, that the property, which was exclusively personal, was covered by a mortgage.
The policy contained a covenant that the policy should become void, unless consent in writing, should be endorsed on the policy by the company, in the following instance:
“If the assured is not the sole and unconditional owner of the property, * * * or if the interest Of the assured in the property, whether as owner, trustee, consignee, factor, agent, mortgagee, lessee,…
2Cases cited4 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874
- Clay Fire & Marine Stock Insurance v. BeckCourt of Appeals of Maryland · 1875
3Cited by22 opinions
- Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- Frontier Mortgage Corp. v. HeftCourt of Appeals of Maryland · 1924
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- American Automobile Insurance v. Fidelity & Casualty Co.Court of Appeals of Maryland · 1930
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