Shertzer v. Mutual Fire Insurance
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County. The case is stated in the opinion of the Court. The defendant was estopped by its consent to the removal, from setting it up as a defence to the action. The Md. Fire Ins. Co. vs. Gusdorf, 43 Md., 506; The Natl. Fire Ins. Co. vs. Crane, 16 Md., 260; Wilkinson’s Case, 13 Wallace, 222. On demurrer, the Court goes hack to the first error in pleading.
Read the full summary
Appeal from the Circuit Court for Harford County. The case is stated in the opinion of the Court. The defendant was estopped by its consent to the removal, from setting it up as a defence to the action. The Md. Fire Ins. Co. vs. Gusdorf, 43 Md., 506; The Natl. Fire Ins. Co. vs. Crane, 16 Md., 260; Wilkinson’s Case, 13 Wallace, 222. On demurrer, the Court goes hack to the first error in pleading. State, use of Buckey, vs. Culler, 18 Md., 418. By the terms of the policy, and the 12th condition of the policy, the insurance is general, and operative only whilst the property was in the building…
1Opinion of the CourtMiller, J.
A practice which cannot he too highly commended, of waving hy agreement, all errors in pleading, has heen gradually growing in favor with the profession in this State, and has prevailed especially in suits upon policies of insurance. In this case, however, it is purely a question of pleading that we have to decide. • The action is in covenant, the policy being under seal. The defendant, after craving oyer, pleaded four pleas, to the first of which the plaintiff replied and issue was joined upon each of the others. The defendant demurred to the replication, and the demurrer being sustained,…
2Cases cited5 opinions
- Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
- Maryland Fire Insurance v. GusdorfCourt of Appeals of Maryland · 1876
- Annapolis & Elkridge Railroad v. President of Baltimore Fire InsuranceCourt of Appeals of Maryland · 1870
- Baltimore Fire Insurance v. McGowanCourt of Appeals of Maryland · 1860
- Luciani v. American Fire InsuranceSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- President & Directors of the Firemen's Insurance v. FlossCourt of Appeals of Maryland · 1887
- Lyons v. Providence Washington InsuranceSupreme Court of Rhode Island · 1883