Ætna Insurance v. Miers
Tennessee Supreme Court
EROM SUMNER. This action was brought by Miers in the Circuit Court of Sumner, for the sum of $1600 00, the amount agreed to be paid bj tbe plaintiff in error, on the destruction of a dwelling-house, in the town of Gallatin, by fire. At the October Term, 1857, before Judge TurNEE, verdict and judgment were for the plaintiff.
1Opinion of the CourtOaruthers, J.
This was an action to recover $1600 00 upon a policy of insurance upon a dwelling-house in Gallatin, which was destroyed by fire, on 7th January, 1855.
The policy is dated 1st of January, 1855.
Two questions arise for consideration:
1. Had Miers an insurable interest in the property?
2. Was the certificate of the adjacent magistrate required in the contract of insurance, as a condition precedent to recovery, such as was required ?
1. The house and lot was sold under an execution in favor of Blew & Foster, against Thomas, who was the owner of the property, in December, 1854, and struck off to…
2Cited by4 opinions
- Cherokee Foundries, Inc. v. Imperial Assur. Co.Tennessee Supreme Court · 1949
- Duncan v. State Farm Fire & Casualty Co.Tennessee Supreme Court · 1979
- Phoenix Insurance Company v. BrownCourt of Appeals of Tennessee · 1964
- Hamill v. Nationwide Mutual Insurance Co.Court of Appeals of Tennessee · 1972