Merchants' & Manufacturers' Insurance v. Shillito
Ohio Supreme Court
Error to the superior court of Cincinnati. Tbe action in the court below was brought by Shillito against the company, on an open policy of insurance, in which the material words were as follows: “The Merchants’ and Manufacturers’ Insurance Company of Cincinnati, by these presents, do cause to be insured, lost or not lost, Georg'e Shillito in such sums, on property at risk, as shall be specified by application, and mutually agreed upon, and indorsed hereon; beginning the…
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Error to the superior court of Cincinnati. Tbe action in the court below was brought by Shillito against the company, on an open policy of insurance, in which the material words were as follows: “The Merchants’ and Manufacturers’ Insurance Company of Cincinnati, by these presents, do cause to be insured, lost or not lost, Georg'e Shillito in such sums, on property at risk, as shall be specified by application, and mutually agreed upon, and indorsed hereon; beginning the adventure upon said property from and after the lading thereof, and to continue until landed at the port of destination.”…
1Opinion of the CourtBay, J.
It is sought to reverse the judgment of the superior court at general term, for two reasons:
1. That the evidence did not warrant the findings of fact as shown by the record.
2. That the plaintiff below was not, in law, entitled to recover upon either the evidence or facts as found by the court.
The court, in,special term, rendered judgment against the plaintiff below upon the facts as found by the court; and, by his petition in error, he questioned only the law as held upon the. facts so found. Neither party was, in the court at general term, complaining of the findings of -fact at special…
2Cases cited4 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Greenvault v. President of the Farmers & Mechanics' BankMichigan Supreme Court · 1847
- Gillet v. EllisIllinois Supreme Court · 1850
- Beatty v. HatcherOhio Supreme Court · 1861