Farmers' Fire Insurance v. Mispelhorn
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action brought by the appellee on a policy of insurance, issued to him by the appellant, to recover the amount of the insurance, for loss and damage hy fire to his stock in trade.
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Appeal from the Court of Common Pleas. This was an action brought by the appellee on a policy of insurance, issued to him by the appellant, to recover the amount of the insurance, for loss and damage hy fire to his stock in trade. The sixth condition of the policy was as follows: “Persons sustaining loss or damage hy fire, shall forthwith give notice thereof in writing to the secretary of the company, and as soon after as possible, shall deliver a true copy of the written part of the policy, with the endorsements thereon, (if any,) and a particular account of the loss or damage; and they…
1Opinion of the CourtAlvey, J.
The principal questions in this case are, whether the requirements of the eighth clause or condition of the policy of insurance sued on have been waived, or whether they have been complied with by the insured.
The policy provides that the insured should, forthwith after loss sustained, give notice thereof in writing to the secretary of the company, and, as soon thereafter as possible, deliver a particular account of the loss or damage sustained, under oath, declaring such account to he true and just, &c. This is required by the sixth clause or condition of the policy. In addition to this…
2Cases cited1 opinion
- O'Brien v. . Commercial Fire Ins. Co.New York Court of Appeals · 1875
3Cited by9 opinions
- Citizens' Mutual Fire Insurance v. Conowingo Bridge Co.Court of Appeals of Maryland · 1910
- Rosenthall Co. v. Scottish Ins.West Virginia Supreme Court · 1904
- United States Fire Insurance v. MerrickCourt of Appeals of Maryland · 1937
- Fleisch v. Insurance Co. of North AmericaMissouri Court of Appeals · 1894
- Mutual Fire Insurance v. OwenCourt of Appeals of Maryland · 1925
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