Graham v. German American Insurance
Ohio Supreme Court
Error. — No. 9568 to the Circuit Court of Stark County — No. 8979 to the Circuit Court of Wood County — No. 9702 to the Circuit Court of Cuyahoga County.
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Error. — No. 9568 to the Circuit Court of Stark County — No. 8979 to the Circuit Court of Wood County — No. 9702 to the Circuit Court of Cuyahoga County. On the trial of the case from Stark county in the court of common pleas the court charged the jury: “I will say to you as matter of law that if there was a disagreement between the plaintiffs and the defendant company as to the amount of loss under the policy occasioned by the fire in question, then the amount of that loss could be ascertained only in the manner provided by the policy; that is, by an appraisal; because the parties to this…
1Opinion of the CourtDavis, J.
These cases have been the subject of unusual and protracted consideration, not only on account of the intrinsic importance of the questions involved, but also because there is a divergence of views in the lower courts, and a variance between two reported decisions of this court. As an introduction to what we have to say now, it is also proper, if not really necessary, to direct attention to the fact that all of the policies now under review, the policy in Grand Rapids Ins. Co. v. Finn, 60 Ohio St., 513, and all of the policies in Phoenix Ins. Co. et al. v. Carnahan, 63 Ohio St., 258, except…
2Cases cited11 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- United States v. RobesonSupreme Court of the United States · 1835
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Scottish Union & National Insurance v. ClancyTexas Supreme Court · 1888
- Carroll v. Girard Fire Insurance of the City of PhiladelphiaCalifornia Supreme Court · 1887
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