American Fire Insurance v. Brooks
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. At the trial below the defendant asked the Court to instruct the jury that "the policy sued on was rightfully cancelled before the occurrence of any loss, and hlso that there was no legally sufficient evidence to establish the liability of the defendant under the policy.
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Appeal from the Court of Common Pleas. At the trial below the defendant asked the Court to instruct the jury that "the policy sued on was rightfully cancelled before the occurrence of any loss, and hlso that there was no legally sufficient evidence to establish the liability of the defendant under the policy. The trial Court (Harlan, C. J.), rejected these prayers and also the prayers offered by the plaintiffs (except one as to the measure of damages), and gave to the jury the instruction set forth in the opinion of the Court. The jury returned a verdict for the plaintiffs for $1,140.54.
1Opinion of the CourtPage, J.
This is an action on a policy of insurance issued by the appellant to Walter B. Brooks and W. H. Bosley, receivers of the Gay Manufacturing Company, upon a steam saw-mill and machinery situated at Bosley, Gates County, North *28Carolina. At the time of its issuance Archibald H. Taylor and William H. Bosley, trustees, held a mortgage upon the property, and the policy contained a provision by which the “ loss, if any,” was made payable to them, “ as their interest may appear.” This suit is now prosecuted for their use and benefit, by the receivers, in pursuance.of an order of Court requiring them…
2Cases cited10 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Niagara Insurance v. LeeTexas Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Medford v. Pacific National Fire InsuranceOregon Supreme Court · 1950
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
- American Casualty Co. v. RicasCourt of Appeals of Maryland · 1941
- Fidelity & Casualty Co. v. RileyCourt of Appeals of Maryland · 1935
38 more not listed; retrieve them via the Exa API.