Huchberger v. Merchants' Fire Ins. Co.
U.S. Circuit Court for the Northern District of Illnois
This was a suit to recover on one of several policies of insurance to the amount of four thousand six hundred dollars on a stock of goods owned by the plaintiffs [Lehman Huch-berger and others] in the store No. 173 Lake street, Chicago, which was destroyed by fire on the 2d of March, 1867. No question was made that the fire occurred, and that the plaintiffs complied with the stipulations of the policy, and furnished in proper season proof of loss.
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This was a suit to recover on one of several policies of insurance to the amount of four thousand six hundred dollars on a stock of goods owned by the plaintiffs [Lehman Huch-berger and others] in the store No. 173 Lake street, Chicago, which was destroyed by fire on the 2d of March, 1867. No question was made that the fire occurred, and that the plaintiffs complied with the stipulations of the policy, and furnished in proper season proof of loss. Two defenses were interposed to the action: First, that the plaintiffs set fire to their own store, or acted with such gross negligence as to…
1Opinion of the Court
DAVIS, Circuit Justice,
after stating the facts, charged the jury as follows:
If either of these defenses are true, of course the plaintiffs cannot recover. Whether they are true or not, it is your province to decide. The solution of these questions depends solely on the conviction produced in your mind by the facts giv.en in evidence. The law applicable to the case is very simple, and will give you no trouble. It suggests itself to the common mind. The insurance company did not agree to pay if the parties purposely destroyed their own property, or if by their own negligence it was burned up;…
2Cases cited1 opinion
- Beck v. Germania InsuranceSupreme Court of Louisiana · 1871
3Cited by3 opinions
- First National Bank v. Commercial Assurance Co.Oregon Supreme Court · 1898
- Hawloetz v. KassU.S. Circuit Court for the District of Southern New York · 1885
- Hills v. GoodyearTennessee Supreme Court · 1880