Legal Opinion

Pentz v. Pennsylvania Fire Insurance

Court of Appeals of Maryland

Decided January 18, 1901PublishedCited by 18 opinions

Appeal from the Superior Court of Baltimore City (Stock-bridge, J.) The trial Court rejected all of the defendant’s prayers, and of its own motion granted the following instruction, as matter of law, for its own guidance, sitting as a jury and as a modification of the plaintiff’s first prayer: “The Court rules as a matter of law, that if it appears from the evidence that the plaintiff never furnished to the defendant such proofs of loss as were under and by the terms of the…

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Appeal from the Superior Court of Baltimore City (Stock-bridge, J.) The trial Court rejected all of the defendant’s prayers, and of its own motion granted the following instruction, as matter of law, for its own guidance, sitting as a jury and as a modification of the plaintiff’s first prayer: “The Court rules as a matter of law, that if it appears from the evidence that the plaintiff never furnished to the defendant such proofs of loss as were under and by the terms of the policy sued on in this case required to be furnished, although the same were duly demanded by the defendant; and shall…

1Opinion of the CourtSchmucker, J.

This is an appeal from a judgment of the Superior Court of Baltimore City, sitting without a jury, in favor of the appellee in an action brought to recover upon a policy of fire insurance issued by it.

The policy was issued on August 9th, 1899, to the appellant as executrix of the personal estate of Nellie Singer, and it insured in the amount of $4,000, the household furniture, etc., in a dwelling on Park Heights avenue, near Baltimore City. There were provisions in the policy compelling the insured, in case of loss or damage by fire, to furnish within 60 days thereafter preliminary proofs of…

2Cases cited8 opinions

  1. STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
  2. Tennant v. . DudleyNew York Court of Appeals · 1895
  3. Pegg v. WarfordCourt of Appeals of Maryland · 1855
  4. Groff v. HanselCourt of Appeals of Maryland · 1870
  5. Caledonian Insurance v. TraubCourt of Appeals of Maryland · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. General Motors Corp. v. LahockiCourt of Appeals of Maryland · 1980
  2. John Factor v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1960
  3. Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
  4. Esser v. BropheySupreme Court of Minnesota · 1942
  5. Kalus v. BassCourt of Appeals of Maryland · 1914

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