Western Assurance Co. v. Rector
Court of Appeals of Kentucky
Case 42 — PETITION OBDINABY APPEAL PROM -WARREN CIRCUIT COURT. 1. The application should have been exhibited and declared on in the petition, and it was error to overrule defendant’s motion to require the plaintiff to file it. (Wood on Fire Insurance, sec. 492; Bobbitt v. Liverpool Ins. Co., 8 Am.
Read the full summary
Case 42 — PETITION OBDINABY APPEAL PROM -WARREN CIRCUIT COURT. 1. The application should have been exhibited and declared on in the petition, and it was error to overrule defendant’s motion to require the plaintiff to file it. (Wood on Fire Insurance, sec. 492; Bobbitt v. Liverpool Ins. Co., 8 Am. Rep., 222.) :2. The petition is defective, because it fails to specifically aver the perform» anee of all conditions precedent, or facts which'excuse non-performance, and the demurrer thereto should have been sustained. It is not sufficient to aver in general terms that the plaintiff has performed…
1Opinion of the Court
•CHIBP JUSTICE PRYOR
delivered the opinion: ov the court.
This was an action instituted in the court-below to xecover upon a policy of insurance issued by the appellant upon the store-house and goods of the appellee.
On the trial of the case numerous, special interrogatories were propounded to the jury, and upon the return into court of the special findings, each party moved for a judgment. The motion of the appellant was overruled, and the case is here on appeal. Many questions are presented by the record, only one of which is necessary to be considered.
By the terms of the policy, the appellee,…
2Cases cited2 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Archer v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1869
3Cited by16 opinions
- Rogers v. Phenix InsuranceIndiana Supreme Court · 1890
- Aetna Life Insurance v. McCullaghCourt of Appeals of Kentucky · 1919
- Germania Life Insurance v. LunkenheimerIndiana Supreme Court · 1891
- Inter-Ocean Casualty Co. v. BrownCourt of Appeals of Texas · 1930
- Witt v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1914
11 more not listed; retrieve them via the Exa API.