Knickerbocker Life Insurance v. Hoeske
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was brought by the appellee against the aptpellant to recover the sum of $2,000, claimed to be due to the former upon a policy of insurance, which had been issued to her by the latter, upon the life of her deceased husband, Henry Hoeske. The defendant pleaded, “never was indebted as alleged,” “did not undertake and covenant as alleged,” and non-performance of conditions, Ac., by the plaintiff’s intestate.
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Appeal from the Court of Common Pleas. This action was brought by the appellee against the aptpellant to recover the sum of $2,000, claimed to be due to the former upon a policy of insurance, which had been issued to her by the latter, upon the life of her deceased husband, Henry Hoeske. The defendant pleaded, “never was indebted as alleged,” “did not undertake and covenant as alleged,” and non-performance of conditions, Ac., by the plaintiff’s intestate. To these pleas was appended the following affidavit: “On this 7th day of January, A. I)., 1869, before me, the subscriber, a Justice of the…
1Opinion of the CourtBartol, C. J.
The amount claimed in this suit by the appellee, is a liquidated sum, fixed by the contract, upon which the action was brought. The case, therefore, is clearly within the provisions of the Act of 1864, ch. 6. Upon a claim of this nature, there can be no difficulty in stating the account and verifying the same by affidavit. It is not like the case of Smithson & Owens vs. The Telegraph Co., 29 Md., 162, in which it was held the claim was, in its nature, one for unliquidated damages not fixed by the contract, nor did the contract furnish any certain standard by which the amount of the…
2Cases cited1 opinion
- Smithson v. United States Telegraph Co.Court of Appeals of Maryland · 1868
3Cited by7 opinions
- Houston v. LLOYD'S CONSUMER ACCEPTANCE CORPORATIONCourt of Appeals of Maryland · 1965
- Gemmell v. DavisCourt of Appeals of Maryland · 1889
- State Farm Mutual Automobile Insurance v. SchlossbergCourt of Special Appeals of Maryland · 1990
- Thorne v. FoxCourt of Appeals of Maryland · 1887
- Betz v. P. Welty & Co.Court of Appeals of Maryland · 1911
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