Houseman v. Home Insurance
West Virginia Supreme Court
Error to Circuit Court, Mercer County. Action by W. H. Houseman, administrator, against the Home Insurance Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Lynch, Judge:
On this writ to the judgment for plaintiff rendered upon defendant’s demurrer to the evidence, on the trial of an action of assumpsit’based on-a contract of insurance against damage or destruction by fire of a stock of merchandise and household goods, the meritorious questions concern the right of an insane plaintiff to sue by his next friend, the proof of *205loss, and, as an element thereof, of the ownership of the property insured.
In Virginia, it has been held that equity has jurisdiction of a suit by an insane person by a next friend, either where no committee has been appointed…
2Cases cited19 opinions
- Johnson v. BurnsWest Virginia Supreme Court · 1894
- Woodmen Accident Ass'n v. PrattNebraska Supreme Court · 1901
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Insurance Companies v. BoykinSupreme Court of the United States · 1871
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maynard v. National Fire Insurance Co. of HartfordWest Virginia Supreme Court · 1963
- Powell v. Time InsuranceWest Virginia Supreme Court · 1989
- Colonna Shipyard v. DunnSupreme Court of Virginia · 1928
- Cook v. Citizens Insurance Co.West Virginia Supreme Court · 1928
- Lawson v. Southern Fire InsuranceSupreme Court of Kansas · 1933
11 more not listed; retrieve them via the Exa API.