Wilkins v. Tobacco Insurance
Ohio Supreme Court
Error to the Superior Court of Cincinnati. The plaintiff, as assignee for one M. Pyne, sues on a •policy of insurance on the steamer St. Patrick, issued by •the defendant, by which Pyne, then the owner of the boat, was insured in the sum of $3,000, from noon of July 3, 1867, until noon of July 3, 1868. The following is a copy of the policy : “ Tobacco Fire and Marine Insurance Co., of Cincinnati, Ohio.
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Error to the Superior Court of Cincinnati. The plaintiff, as assignee for one M. Pyne, sues on a •policy of insurance on the steamer St. Patrick, issued by •the defendant, by which Pyne, then the owner of the boat, was insured in the sum of $3,000, from noon of July 3, 1867, until noon of July 3, 1868. The following is a copy of the policy : “ Tobacco Fire and Marine Insurance Co., of Cincinnati, Ohio. “ No.-, vessel steamer St. Patrick, Proposition No. ---. Valuation, $30,000; sum insured, $3,000 ; Premium, ■’$390; on account of M. Pyne; loss, if any, payable to M. Pyne. “ This policy of…
1Opinion of the CourtJohnson, J.
To determine whether there is error in this case, two points are presented for consideration :
1st. Was the policy cancelled by the mutual consent of the parties prior to the total loss? This is to be determined by the evidence in the case.
2d. Did the trip up White River avoid the policy ? This is a question of law, to be settled by a construction of the terms of the policy.
1st. As to cancellation. The proof shows, that at the time the policy was issued a negotiable promissory note was given for $390 (the premium agreed to be paid), payable in six months from date, no part of which was ever…
2Cases cited6 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Ætna Insurance v. Jackson, Owsley & Co.Court of Appeals of Kentucky · 1855
- United States Fire & Marine Insurance v. KimberlyCourt of Appeals of Maryland · 1871
- Coffin v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Greenleaf v. St. Louis InsuranceSupreme Court of Missouri · 1865
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