Billmyer v. Insurance Co.
West Virginia Supreme Court
Error to Circuit Court, Jefferson County. Action by J. 1). Billmyer against the Hamberg-Bremen Fire Insurance Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Brannon, President:
Action, on a policy of insurance by J. D. Billmyer against Hamburg-Bremen Fire Insurance Company for loss by fire to a stock of store goods, in which the court gave judgment for the plaintiff for $8Y3.30 upon a demurrer to the evidence filed by defendant.
A primary question is, whether this action, which is based on the policy, can be maintained, the defendant contending that the action cannot be on the policy, but must be on an award made in the case. The policy provides: “ In the event of disagreement as to the amount of loss the same shall, as above provided, be…
2Cases cited8 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Dickinson v. Railroad Co.West Virginia Supreme Court · 1874
- Turner v. StewartWest Virginia Supreme Court · 1902
- Norfolk & Western Railroad v. Mills & FairfaxSupreme Court of Virginia · 1895
- Nease v. Insurance Co.West Virginia Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977
- Government of the Virgin Islands, Department of Education v. St. Thomas/St. John Educational Administrators' Ass'n, Local 101 ex rel. FordeSupreme Court of The Virgin Islands · 2017
- Edge Hill Stock Farm, Inc. v. Morris, Gray & HunterSupreme Court of Virginia · 1930
- In Re Reynolds EstateWest Virginia Supreme Court · 1935
- Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977