Smiley v. Citizens F. M. & L. Ins.
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of Ohio county, rendered on the 20th day of August, 1874, in an . action of assumpsit, in said court then pending, wherein Robert Smiley was plaintiff and the Citizens’ Fire,'Marine and Life Insurance Company of Wheeling was defendant, granted on the petition of said Smiley. . Hon. Thayer Melvin, judge of the first judicial circuit rendered the judgment complained of.
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Supersedeas to a judgment of the circuit court of Ohio county, rendered on the 20th day of August, 1874, in an . action of assumpsit, in said court then pending, wherein Robert Smiley was plaintiff and the Citizens’ Fire,'Marine and Life Insurance Company of Wheeling was defendant, granted on the petition of said Smiley. . Hon. Thayer Melvin, judge of the first judicial circuit rendered the judgment complained of. The facts of the case fully appear in the opinion of the court. “ 1 cited the follow ing authorities: 10 Allen 218, 220; 4 East. 135, 136; Parsons on Mer. Law 498; 45 N. Y. 110; 3…
1Opinion of the Court
Moore, Jumas,
delivered the opinion of the court:
The plaintiff, Robert Smiley, presents this case upon a Hupersedeas to a judgment, rendered by the circuit-court of Ohio county, August 20, 1874, in an action of asfumnpsil on a policy of insurance, made by the defendant upon certain property of R. Lafferty & Co.
The action was instituted by Robert Lafferty and Robert Smiley, partners trading under the name and style of R. Lafferty & Co., and the said Lafferty having died, the action was ordered to be proceeded with in the name of the surviving partner, Robert Smiley.
Issue was joined on the plea…
2Cases cited7 opinions
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
- St. John v. . American Mu. Fire and Marine Ins. Co.New York Court of Appeals · 1854
- Montgomery v. Firemen's InsuranceCourt of Appeals of Kentucky · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Watson v. WiggintonWest Virginia Supreme Court · 1886
- Empire State Insurance Co. of Watertown v. GuerrieroCourt of Appeals of Maryland · 1949
- Hogan v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
- Automobile Insurance v. ThomasCourt of Appeals of Maryland · 1927
6 more not listed; retrieve them via the Exa API.