Semmes v. Hartford Insurance Company
Supreme Court of the United States
In error to the Circuit Court for the District of Connecticut. ' Semmes sued the City Fire Insurance Company, of Hartford, in the court below, on the 31st of October, 1866, upon a policy of insurance, for a loss which occurred on the 5th day of January, 1860. The policy as declared on showed as a condition of the contract, that payment of losses should be made in sixty days after the loss should have been ascertained and proved.
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In error to the Circuit Court for the District of Connecticut. ' Semmes sued the City Fire Insurance Company, of Hartford, in the court below, on the 31st of October, 1866, upon a policy of insurance, for a loss which occurred on the 5th day of January, 1860. The policy as declared on showed as a condition of the contract, that payment of losses should be made in sixty days after the loss should have been ascertained and proved. The company pleaded that by the policy itself it was expressly provided that no suit for the recovery of any claim upon the same should he sustainable in any court…
1Opinion of the Court
Mr. ,Justice MILLER
delivered the opinion of the court.
It is not necessary, in the view which we take of the matter, to inquire whether the Circuit Court was correct in the principle by which it fixed the date, either of the commencement or cessation of the disability to sue growing out of the events of the war. For we are of opinion that the period of twelve months which the contract allowed the plaintiff’ for bringing his suit does not open aud expand itself so as to receive within it three or four years of legal disability created by the war and then close together at each end of that…
2Cited by30 opinions
- Home Insurance v. DickSupreme Court of the United States · 1930
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Marcos v. United StatesUnited States Court of Claims · 1952
- Taber v. Royal InsuranceSupreme Court of Alabama · 1899
- Mueller v. BrussWisconsin Supreme Court · 1901
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