Legal Opinion

Cobb v. Insurance Co. of North America

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 25 opinions

Frror from Shawnee District Court On the 27th of May 1867, defendant in error, The President and Directors of the Insurance Compmvy of North America, issued its policy of insurance to one G. E. Bernstein to insure him on his stock of goods in Council Grove to the amount of $6,000. Afterward the policy was reduced by the agent of the defendant to $3,000. On the 12th of March 1868, and during the lifetime of the policy, the goods of Bernstein covered by the policy were…

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Frror from Shawnee District Court On the 27th of May 1867, defendant in error, The President and Directors of the Insurance Compmvy of North America, issued its policy of insurance to one G. E. Bernstein to insure him on his stock of goods in Council Grove to the amount of $6,000. Afterward the policy was reduced by the agent of the defendant to $3,000. On the 12th of March 1868, and during the lifetime of the policy, the goods of Bernstein covered by the policy were entirely destroyed by fire. Bernstein assigned the policy, and his claim thereon, to,Cobb, Striblmg & Co., on the 27th of June…

1Opinion of the Court

• The opinion of - the court was delivered by

Bbjsweb, J. i

*971. When right of action on policy insurance has matured. *96The plaintiffs brought their action on a policy of fire insurance issued by defendant. Judgment was *97entered in favor of the defendant on the pleadings, and of this judgment plaintiffs now complain. Two questions are presented for our consideration. First, Was the action prematurely brought? The policy provided that the loss should “be paid sixty days after due notice and proofs of the same, made by the assured and received at this office.” The petition was filed March 10th 1869.…

2Cases cited8 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
  3. Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
  4. Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
  5. Insurance Co. of North America v. McDowell & BrownIllinois Supreme Court · 1869

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

3Cited by25 opinions

  1. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  2. Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
  3. Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
  4. California Ins. v. GraceySupreme Court of Colorado · 1890
  5. Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917

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

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