Legal Opinion

Kelley v. Aetna Insurance

West Virginia Supreme Court

Decided February 16, 1915PublishedCited by 27 opinions

Error to Circuit Court, Mercer County. Action by M. H. Kelley against the Aetna Insurance Company. Judgment for plaintiff, and defendant brings error. ■

1Opinion of the Court

MilleR, Judge:

Action on a poliey of fire insurance. Judgment for'plaintiff on the verdict for one thousand dollars, the full amount *639of the policy. This writ of error is prosecuted by defendant company.

The defenses interposed were non-assumpsit, and a special plea that at the time of the fire the policy sued on was not in force, that prior thereto plaintiff had surrendered the policy to defendant for cancellation, and that the same had been duly cancelled at the time of its delivery for that purpose.

The declaration, in the brief form prescribed by the statute, alleged, parenthetically, that…

2Cases cited8 opinions

  1. Coalmer v. BarrettWest Virginia Supreme Court · 1907
  2. Chapman v. Liverpool Salt & Coal Co.West Virginia Supreme Court · 1905
  3. Clark v. Insurance Co. of North AmericaSupreme Judicial Court of Maine · 1896
  4. Sims v. Carpenter, Frazier & Co.West Virginia Supreme Court · 1910
  5. Wicks Bros. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1900

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

3Cited by27 opinions

  1. Hartley v. CredeWest Virginia Supreme Court · 1954
  2. Hartley v. CredeWest Virginia Supreme Court · 1954
  3. Ritz v. KingdonWest Virginia Supreme Court · 1953
  4. Ritz v. KingdonWest Virginia Supreme Court · 1953
  5. Hollen v. LingerWest Virginia Supreme Court · 1966

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

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