S. M. Smith Insurance Agency v. Hamilton Fire Insurance
West Virginia Supreme Court
Appeal from Circuit Court, Mercer County. Appeal by the S. M. Smith Insurance Agency against the Hamilton Fire Insurance Company. Decree for plaintiff, and defendant appeals. Process issued in suit January 10, 1908. Defendant’s right to do lousiness in West Virginia expired Dceember 31, 1907. W. Ya.
Read the full summary
Appeal from Circuit Court, Mercer County. Appeal by the S. M. Smith Insurance Agency against the Hamilton Fire Insurance Company. Decree for plaintiff, and defendant appeals. Process issued in suit January 10, 1908. Defendant’s right to do lousiness in West Virginia expired Dceember 31, 1907. W. Ya. Code, § 1104-5; 1107 [A 3516 Supp. 1907.] Plaintiff, as defendant’s trusted! agent, could not involve defendant in a loss and then buy a law suit against it, growing out of plaintiff’s own wrong. 31 Cyc. 1194, 1430, 1432 et seq., 1442, 1444, 1447, 1451, 1535, 1536, 1537; Bartholomew v First Nat.…
1Opinion of the Court
MilleR, Judge:
The decree appealed from adjudged plaintiff to be the equitable assignee or- owner of a demand of six hundred and sixty-eight dollars and seventy-five cents, due from the defendant company to J. 'H. Maness, for loss by fire of his saw mill, covered by a policy of insurance of said company; and that plaintiff recovered from defendant seven hundred and forty-eight dollars and thirty-nine cents, principal and interest accrued to the date of said decree, with interest thereon from that date until paid, and costs.
Jurisdiction in equity is predicated on the theory that after said…
2Cases cited7 opinions
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Neely v. JonesWest Virginia Supreme Court · 1880
- Pennsylvania R. R. v. RogersWest Virginia Supreme Court · 1903
- Galloway v. Standard Fire InsuranceWest Virginia Supreme Court · 1898
- Moore v. HoltWest Virginia Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lee v. SaligaWest Virginia Supreme Court · 1988
- Maynard v. National Fire Insurance Co. of HartfordWest Virginia Supreme Court · 1963
- Niagara Fire Ins. Co. of New York v. Raleigh Hardware Co.Court of Appeals for the Fourth Circuit · 1933
- Camden v. Fink Coal & Coke Co.West Virginia Supreme Court · 1928
- Brand Distributors, Inc. v. Insurance Co. of North AmericaDistrict Court, E.D. Virginia · 1974
8 more not listed; retrieve them via the Exa API.