Legal Opinion

Deitz v. Prov. Wash. Ins.

West Virginia Supreme Court

Decided March 15, 1890PublishedCited by 36 opinions

Statement of the case by Lucas, Judge: This is a writ of error from the Circuit Court of Kana-wha County to a judgment in an action on the case, in assumpsit, wherein John K. Deitz for the use of his wife, Sarah E. Deitz, was plaintiff and the Providence Washington Insurance Company, now plaintiff in error, was defendant.

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Statement of the case by Lucas, Judge: This is a writ of error from the Circuit Court of Kana-wha County to a judgment in an action on the case, in assumpsit, wherein John K. Deitz for the use of his wife, Sarah E. Deitz, was plaintiff and the Providence Washington Insurance Company, now plaintiff in error, was defendant. The ease came before this Court at a former term, on a demurrer to the declaration, and this Court by an order entered on the 14th of December, 1888, reversing the Court below, overruled the demurrer, and remanded the case. The statement of the case, as furnished by Judge…

1Opinion of the Court

Luoas, Judge :

The first error assigned by the defendants, as appears by the petition, is the refusal of the court to permit certain questions to be propounded to the plaintiff, John K. Deitz, as follows :

1. “ Had you license to sell liquors at the time the fire occurred ? ”

*5382. “ Have you been frequently indicted for selling liquors at that saloon contrary to law ? ”

3. “ Hid you not tell Geo. Pfeiffer that you were getting too old to work in the shop and make a living, and were it not for selling beer, etc., with or without license, that you could not get a living ? ”

The policy itself states, on…

2Cases cited8 opinions

  1. Allen v. . FoxNew York Court of Appeals · 1873
  2. Troll v. CarterWest Virginia Supreme Court · 1879
  3. Deitz v. Insurance Co.West Virginia Supreme Court · 1888
  4. Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
  5. Homestead CasesSupreme Court of Virginia · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. PowersWest Virginia Supreme Court · 1922
  2. Peninsular Land Transportation & Manufacturing Co. v. Franklin Insurance Co.West Virginia Supreme Court · 1891
  3. Croft v. Hanover Fire InsuranceWest Virginia Supreme Court · 1895
  4. Great American Ins. Co. v. JohnsonCourt of Appeals for the Fourth Circuit · 1928
  5. Harvey v. Parkersburg InsuranceWest Virginia Supreme Court · 1892

31 more not listed; retrieve them via the Exa API.

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