Phoenix Ins. v. T. & W. R.
Ohio Supreme Court
Error to the circuit court of Hancock county. The defendant in error, T. & W. R. Carnahan, a partnership firm formed for the purpose of doing business in the state of Ohio, began these actions in the court of common pleas, against the several plaintiffs in error, to recover, upon their several policies of insurance, the amount claimed to have been lost by fire on the store of the defendant in error.
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Error to the circuit court of Hancock county. The defendant in error, T. & W. R. Carnahan, a partnership firm formed for the purpose of doing business in the state of Ohio, began these actions in the court of common pleas, against the several plaintiffs in error, to recover, upon their several policies of insurance, the amount claimed to have been lost by fire on the store of the defendant in error. The Northern Assurance Company and the Insurance Company of North America, defended upon the ground that the rights of the plaintiff had been assigned before the suit, and that the action was not…
1Opinion of the CourtDavis, J.
The record in these cases presents three material questions for decision. The determination of no one of them will be decisive of all of the cases. The same questions are understood to be involved in other cases which are still pending in the courts below. It has, therefore, been deemed advisable to. fully consider and decide all of these contentions in the present cases.
I. These suits were all brought in the partnership name, under the provision of Revised Statutes, Section 5011, and are not suits by the individuals who constituted the firm. It is true that each of the petitions contains an…
2Cases cited11 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Old Saucelito Land & Dry Dock Co. v. Commercial Union Assurance Co.California Supreme Court · 1884
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
- Citizens' Bank v. ClossonOhio Supreme Court · 1875
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