Blanks v. Hibernia Insurance
Supreme Court of Louisiana
PPEAL from tlie Civil District Court for the Parish of Orleans, Tissot, J. The several clauses of policies of insurance providing for limitation of action, ascertainment of particular average or partial loss and payment of loss in sixty days, only after proof of interest in tho property and proof of loss and adjustment, are intended for the protection of the insurer, and are founded in principle and obligatory upon the assured.
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PPEAL from tlie Civil District Court for the Parish of Orleans, Tissot, J. The several clauses of policies of insurance providing for limitation of action, ascertainment of particular average or partial loss and payment of loss in sixty days, only after proof of interest in tho property and proof of loss and adjustment, are intended for the protection of the insurer, and are founded in principle and obligatory upon the assured. Bid-dleberger vs. Hartford Insurance Company, and citations on first page of brief; 26 A, 298; 35 A. 353; 11 Bob. 255; Arnold on Marine Insurance, 8C9-874. The…
1Opinion of the Court
*600On Motion to Dismss.
Tlio opinion of the Court was delivered by
Manning, J.
The grounds oí the motion are,
1. That the appeal is taken by motion at a different term than that in which the judgment was rendered.
Certain exceptions had been made which were overruled in June 1883. The trial on the merits was not had until Feb. 1884, when the appeal was taken. Of course the appeal brought up the interlocutory judgment of June 1883 on the exceptions.
What the mover means is that we must dismiss the appeal quoad th e overruling of the exceptions, which he contends is a final judgment because the judge…
2Cases cited7 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Mayor of New York v. Hamilton Fire InsuranceNew York Court of Appeals · 1868
- De Grove v. . Metropolitan Ins. Co.New York Court of Appeals · 1875
- Stout v. City Fire Insurance Co. of New HavenSupreme Court of Iowa · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Leiter Minerals, Inc. v. California Co.Supreme Court of Louisiana · 1961
- Dahrooge v. Rochester German InsuranceMichigan Supreme Court · 1913
- Tracy v. Queen City Fire Ins.Supreme Court of Louisiana · 1913
- Avondale v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1938
23 more not listed; retrieve them via the Exa API.