Franklin Fire Insurance v. Hamill
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action of covenant, commenced on the 30th August, 1842, by the appellee against the appellant, to recover a loss by fire, under a policy of insurance of the appellants.
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Appeal from Baltimore County Court. This was an action of covenant, commenced on the 30th August, 1842, by the appellee against the appellant, to recover a loss by fire, under a policy of insurance of the appellants. The defendants below pleaded that they had not broken their covenant; and the parties agreed that ££ all errors in pleading are released, and any matter may be given in evidence under the above plea, which might be given in evidence under any other plea, or pleaded; provided, notice in writing, of the substance of such defence, be given four weeks before the trial.” At the trial,…
1Opinion of the CourtMartin, J.
In this case, an action of covenant was instituted by the appellee against the appellants, on a policy of insurance against loss by fire, executed by the Insurance Company, on the 14th May, 1842.
The defendant pleaded non infregit conventionem, to which was annexed the following agreement, signed by the counsel in the cause:
“ All errors in pleading are released, and any matter may be given in evidence under the above plea, which might be given in evidence under any other plea or pleas—provided, notice in writing of the substance of such defence be given four weeks before the trial.”
It does not…
2Cases cited1 opinion
- Crawford v. BerryCourt of Appeals of Maryland · 1834
3Cited by7 opinions
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Coates v. SangstonCourt of Appeals of Maryland · 1853
- Glens Falls Insurance v. SterlingCourt of Appeals of Maryland · 1959
- Turner v. EllicottCourt of Appeals of Maryland · 1856
- Conway's Exr. v. Reyburn's Exrs.Supreme Court of Arkansas · 1860
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