Ætna Insurance v. Reed
Ohio Supreme Court
Error to the District Court of Paulding county. Uriah W. Reed, defendant in error, plaintiff below, filed his petition in the Court of Common Pleas of Paulding ■county, against the .Etna Insurance Company, defendant below, plaintiff in error, to recover for a loss by fire, on two policies of insurance, delivered to him by plaintiff in error, •on a stock of goods. One policy was issued in June, and the other, styled an addenda, in November, 1872 — each for one year.
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Error to the District Court of Paulding county. Uriah W. Reed, defendant in error, plaintiff below, filed his petition in the Court of Common Pleas of Paulding ■county, against the .Etna Insurance Company, defendant below, plaintiff in error, to recover for a loss by fire, on two policies of insurance, delivered to him by plaintiff in error, •on a stock of goods. One policy was issued in June, and the other, styled an addenda, in November, 1872 — each for one year. The first covered a valuation of $1,750, and the second, on an increased stock, a valuation of $1,000. In February, 1873, the…
1Opinion of the CourtAshburn, J.
After a careful examination and consideration of the questions made in the progress of the trial, and assigned for error, a majority of the court are of opinion no error in the proceeding intervened to the substantial prejudice of the plaintiff in error. A majority of the court are of opinion that, in the fifth and eighth special charges, as requested by plaintiff in error and as modified by the court, there was error.
No question made in the case, except such as arise upon the aforesaid instructions, and incident thereto, will be considered at length in the opinion.
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2Cases cited7 opinions
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
- Woodruff v. GarnerIndiana Supreme Court · 1866
- Stone v. CovellMichigan Supreme Court · 1874
- Foley v. CowgillIndiana Supreme Court · 1838
- Mayhew v. Phœnix InsuranceMichigan Supreme Court · 1871
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