Rhode Island Underwriters' Ass'n v. Monarch
Court of Appeals of Kentucky
Case 51 — PETITION ORDINARY — APPEAL FROM DAVEISS CIRCUIT COURT. 1. The court should have required appellees to elect which cause of action they would prosecute — the one to recover damages for breach of the alleged policy of insurance or the one to have the policy of insurance reformed, for which an action can only bé maintained in equity.
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Case 51 — PETITION ORDINARY — APPEAL FROM DAVEISS CIRCUIT COURT. 1. The court should have required appellees to elect which cause of action they would prosecute — the one to recover damages for breach of the alleged policy of insurance or the one to have the policy of insurance reformed, for which an action can only bé maintained in equity. And the court should also have sustained the motion to transfer to equity. 2. The railroad company had no title or interest in the insured property, legal or equitable. Resulting trusts have been abolished, and when a deed is made to one party and the…
1Opinion of the Court
JUDGE PAYNTER
delivebed the opinion of tide coubt.
Tbe appellant, Rhode Island Underwriters Association, on the 21st of November, 1892, by its general agents in Owens-boro, Ky., issued and delivered to M. V. Monarch a policy of fire insurance on a certain house in that city. Before the expiration of the policy, to wit, on the 17th of November, 1893, the property was destroyed by fire. On the 8th of August, 1893, Monarch conveyed the property to the Owensboro, Falls of Rough & Green River Railroad Company. The policy purported to insure M. Y. Monarch against loss in the • sum of $900. The…
2Cases cited4 opinions
- Cowan v. Iowa State InsuranceSupreme Court of Iowa · 1875
- Von Bories v. United Life, Fire, & Marine InsuranceCourt of Appeals of Kentucky · 1871
- Burnett & Martin v. Eufaula Home InsuranceSupreme Court of Alabama · 1871
- Pratt v. . N.Y. Central Ins. Co.New York Court of Appeals · 1874
3Cited by7 opinions
- German American Insurance v. HymanSupreme Court of Colorado · 1908
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Citizens State Bank v. State Mutual Rodded Fire Ins.Michigan Supreme Court · 1936
- Henry Clay Fire Insurance v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1930
- National Union Fire Insurance v. Light's AdministratorCourt of Appeals of Kentucky · 1915
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