Legal Opinion

Home Life Insurance v. Sibert

Supreme Court of Virginia

Decided September 29, 1898PublishedCited by 10 opinions

Error to a judgment of the Circuit Court of Shenandoah county rendered April 16, 1897, in an action of assumpsit wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit on a policy of insurance for $1,000 on the life of Frank E. Sibert, issued by the plaintiff in error to the defendant in error.

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Error to a judgment of the Circuit Court of Shenandoah county rendered April 16, 1897, in an action of assumpsit wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit on a policy of insurance for $1,000 on the life of Frank E. Sibert, issued by the plaintiff in error to the defendant in error. There was a verdict and judgment in favor of the defendant in error for the sum of $1,000, with interest from January 23, 1896. The main issue between the parties was whether there had been a breach of the warranties contained in…

1Opinion of the CourtHarrison, J.

It is not necessary to encumber this opinion with comment in detail upon the twenty-four bills of exceptions taken in the court below. In the main they were not relied on in the argument here, are not well taken, and the action of the court must be regarded as affirmed in respect to the questions thereby raised, except in the particulars hereinafter mentioned.

Bills of exceptions Hos. 21 and 23 relate to the refusal of the court to give seven instructions asked for by the defendant, and giving in lieu thereof four instructions of its own. The instructions given were sufficient except in one…

2Cases cited3 opinions

  1. Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
  2. Lynchburg Fire Ins. v. WestSupreme Court of Virginia · 1882
  3. Virginia F. & M. Insurance Co. v. MorganSupreme Court of Virginia · 1893

3Cited by10 opinions

  1. Metropolitan Life Insurance v. DeVault's AdministratrixSupreme Court of Virginia · 1909
  2. Granite Building Co. v. Saville's AdministratorSupreme Court of Virginia · 1903
  3. Richmond Traction Co. v. HildebrandSupreme Court of Virginia · 1900
  4. Metropolitan Life Insurance v. RutherfordSupreme Court of Virginia · 1900
  5. McLean v. Piedmont & Arlington Life Ins.Supreme Court of Virginia · 1877

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