Plinsky v. Germania F. & M. Ins.
U.S. Circuit Court for the District of Eastern Michigan
On Motion for a New Trial. Tins was an action upon a policy of insurance upon the following property owned by the plaintiff, viz.: “$250 on her stock of candies, confectioneries, toys, fruit, and all such other stock as is usually kept for sale in confectionery stores; $100 on her soda fountain, generators, and appurtenances belonging thereto; $400 on her store, ice-cream parlor, and shop furniture and fixtures, including brick oven and belongings; $125 on her saloon…
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On Motion for a New Trial. Tins was an action upon a policy of insurance upon the following property owned by the plaintiff, viz.: “$250 on her stock of candies, confectioneries, toys, fruit, and all such other stock as is usually kept for sale in confectionery stores; $100 on her soda fountain, generators, and appurtenances belonging thereto; $400 on her store, ice-cream parlor, and shop furniture and fixtures, including brick oven and belongings; $125 on her saloon furniture and fixtures, beer-pump, mirror, bottles, and glass-ware; $10 on her awning outside of building; $25 on her stock of…
1Opinion of the CourtBrown, J.
1. Exception was taken to the charge of the court, that if the plaintiff notified Duvernois, the local agent of the company in Detroit, that the property had been removed to the basement of the building, and he made no objection to such removal, the company could not defend upon the ground that such consent was not' indorsed in writing upon the policy. This instruction may have been erroneous,’ although the authorities seem to be at variance upon the point; but in our opinion it is entirely immaterial, for the reason that the plaintiff -was entitled to an instruction that, as matter of law,…
2Cases cited2 opinions
- Steinbach v. . La Fayette Fire Ins. Co.New York Court of Appeals · 1873
- Steinbach v. Insurance Co.Supreme Court of the United States · 1872
3Cited by8 opinions
- Kosior v. Continental Insurance Co.Massachusetts Supreme Judicial Court · 1938
- Nuffer v. Insurance Co. of North AmericaCalifornia Court of Appeal · 1965
- Bennie Vitale, and Anna Vitale v. The Aetna Casualty & Surety CompanyCourt of Appeals for the Eighth Circuit · 1987
- Traders' Insurance v. DobbinsTennessee Supreme Court · 1904
- Hawkins v. Glens Falls InsuranceWest Virginia Supreme Court · 1934
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