Portage County Mutual Fire Insurance v. West
Ohio Supreme Court
This is a petition in error to reverse the judgment of the district court of Portage county. The defendants in error brought an action on a policy of insurance to recover damages for loss by fire of certain buildings owned by them, and insured by the plaintiff in error. The insurance was effected August 21, 1848, and the loss occurred August 26, 1852. Notice of the loss was given to the plaintiff in error within thirty days, and payment requested.
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This is a petition in error to reverse the judgment of the district court of Portage county. The defendants in error brought an action on a policy of insurance to recover damages for loss by fire of certain buildings owned by them, and insured by the plaintiff in error. The insurance was effected August 21, 1848, and the loss occurred August 26, 1852. Notice of the loss was given to the plaintiff in error within thirty days, and payment requested. On the 5th of October, 1852, the directors of the company rejected the loss, and duly notified the insured of their refusal to pay it. The seventh…
1Opinion of the CourtBowen, J.
The only question raised in argument is ^whether [60S' the plaintiffs below were barred from maintaining this action by the 7th section of their charter, which is above set forth.
The claim for loss was rejected by the company on the 5th of October, 1852, and the insured parties duly notified of such rejection. A term of the court of common pleas was held in Portage county in February, 1853. The plaintiff in error claims that a failure by the defendants to sue at or before that term of the court, is a bar to any action afterward commenced by them to recover' the aforesaid loss. ’ ■
This court,…
2Cases cited2 opinions
- Williams v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
- Bradley ex rel. Kellogg v. EmersonSupreme Court of Vermont · 1835