Stolle v. Ætna Fire & Marine Insurance
West Virginia Supreme Court
This was a supersedeas granted, upon the petition of the defendent below, to a judgment of the circuit court of Kanawha county, rendered on the 22d day of December, 1875, in a suit then pending in said circuit court in which Gustave Stolle, was plaintiff, and The iEtna Fire and Marine Insurance Company of Wheeling, was defendant. Green, President, who delivered the opinion of the court, sufficiently states the case.
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This was a supersedeas granted, upon the petition of the defendent below, to a judgment of the circuit court of Kanawha county, rendered on the 22d day of December, 1875, in a suit then pending in said circuit court in which Gustave Stolle, was plaintiff, and The iEtna Fire and Marine Insurance Company of Wheeling, was defendant. Green, President, who delivered the opinion of the court, sufficiently states the case. The Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the judgment below. referred the court to the following authorities: May on Ins., §380; 67 Pa., St. 373 ;…
1Opinion of the Court
Green, President,
delivered the opinion of the Court-:
The plaintiff in this cause brought an action of as-sumpsit in the circuit court of Kanawha county, against *548the defendant. The writ was returnable to September rules, 1874. The basis of the action was a policy of insurance against fire, issued by the defendant to James F. Field, on June 23, 1873, whereby, in consideration of $30, they insured him against loss or damages by fire to the amount of $1,000 on his stock of groceries, canned goods, wooden-ware, cigars, tobacco and such other merchandise as is usually kept in a retail grocery…
2Cases cited3 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
3Cited by18 opinions
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Hood v. Bloch Bros.West Virginia Supreme Court · 1886
- McLean v. Equitable Life Assurance Society of the United StatesIndiana Supreme Court · 1884
- Insurance Co. of North America v. National Steel Service Center, Inc.District Court, N.D. West Virginia · 1975
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