Manhattan Fire Ins. v. Weill & Ullman
Supreme Court of Virginia
This was an action on the case in the corporation *court of the city of Norfolk, brought by Weill & Ullman, against the Manhattan Fire Insurance Company, to recover the amount of the insurance on a house in said city which had been consumed by fire.
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This was an action on the case in the corporation *court of the city of Norfolk, brought by Weill & Ullman, against the Manhattan Fire Insurance Company, to recover the amount of the insurance on a house in said city which had been consumed by fire. On the trial' several exceptions were taken . by the defendants to rulings of the court, there having been a’ verdict and judgment in favor of the plaintiff for the sum of $1,385, with interest from the-1st of November 1873, the defendants applied to a judge of this court for a writ of error and supersedeas;' which was allowed. The questions…
1Opinion of the CourtChristian, J.
The plaintiff in error (the Manhattan Fire Insurance Company) seeks to avoid the obligation of its policy issued to the defendant in error upon two grounds:
First, that the building insured stood upon leased ground, but was not so represented to the company, and not so expressed in the policy.
Second, that at the time of the insurance, the house was encumbered by a deed of trust, which fact was not represented to the company, and not expressed in the policy.
The condition of the policy upon which this defence is based is as follows:
“iv. If the interest of the assured in the property be any other…
2Cases cited2 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- West Rockingham Mutual Fire Ins. v. Sheets & Co.Supreme Court of Virginia · 1875
3Cited by18 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
- Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
- Lynchburg Fire Ins. v. WestSupreme Court of Virginia · 1882
- Virginia Fire & Marine Insurance v. Richmond Mica Co.Supreme Court of Virginia · 1904
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