Johnson v. North British & Mercantile Insurance
Ohio Supreme Court
Error to the Circuit Court of Belmont county. The action below in the common pleas of Belmont was by plaintiff in error, Isaac Johnson, against the defendant in error, the North British & Mercantile Insurance Company, upon a fire policy covering dwelling-house, barn, household goods and farming utensils. A jury being waived, the cause was submitted to the court on the pleadings and an agreed statement of facts.
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Error to the Circuit Court of Belmont county. The action below in the common pleas of Belmont was by plaintiff in error, Isaac Johnson, against the defendant in error, the North British & Mercantile Insurance Company, upon a fire policy covering dwelling-house, barn, household goods and farming utensils. A jury being waived, the cause was submitted to the court on the pleadings and an agreed statement of facts. The pertinent facts are as follows: . 1. July 1, 1897, one W. O. Chappell was the general agent at Barnesville, Ohio, for several insurance companies, including the Hartford of…
1Opinion of the CourtSpear, J.
That the agreed premium had not all been paid, nor any part of it directly to the North British Company, and that the North British policy was not delivered to Johnson before the fire, are believed not to stand in the way of a recovery, for neither was a condition precedent to the taking effect of the policy. British Ins. Co. v. Lambert, 26 Ore., 199; Machine Co. v. Insurance Co., 50 Ohio St., 549.
But one of the defenses interposed, and the one specially insisted upon, is that the plaintiff at the time of writing the policy in suit and at the time of the fire, had insurance on the same…
2Cases cited18 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Indiana Insurance v. HartwellIndiana Supreme Court · 1890
- Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
- Hamm Realty Co. v. New Hampshire Fire InsuranceSupreme Court of Minnesota · 1900
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