Spring Garden Mutual Insurance v. Evans ex rel. Riley
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Covenant, by tire appellee against the appellant, a Pennsylvania corporation, doing business by agents in Baltimore, to recover $1500 upon a fire insurance policy, issued by the appellant to Evans upon certain merchandise in a store in Winchester, Yirginia. Plea, non infregit. 1st Exception.
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Appeal from the Superior Court of Baltimore city. Covenant, by tire appellee against the appellant, a Pennsylvania corporation, doing business by agents in Baltimore, to recover $1500 upon a fire insurance policy, issued by the appellant to Evans upon certain merchandise in a store in Winchester, Yirginia. Plea, non infregit. 1st Exception. The plaintiff offered in evidence the policy sued on, which expired on the 29th of January 1850, and proved that the fire occurred on the 20th of March 1849. The only condition of the policy material to this case is the ninth, which is fully set out in the…
1Opinion of the CourtEccleston, J.
Whether there was error in refusing to grant, the second prayer of the defendant, contained in the second bill of exceptions, we propose first to consider; and in doing so the plaintiff will be allowed the full benefit of all the testimony of his witnesses, Hammond and Lavender. For which purpose the correctness of the decisions below, in regard to the first and third bills of exceptions, will be conceded, without, however, deciding whether they were correct or not.
The prayer alluded to asks the court to instruct the jury, “that there is no evidence in this cause that such preliminary proof…
2Cases cited1 opinion
- Guy v. TamsCourt of Appeals of Maryland · 1847
3Cited by16 opinions
- Yarborough v. Hughes.Supreme Court of North Carolina · 1905
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Southern Pac. Co. v. JohnsonCourt of Appeals for the Ninth Circuit · 1895
- Farmers' Fire Insurance v. BakerCourt of Appeals of Maryland · 1902
- Cobbs v. Fire Ass'nMichigan Supreme Court · 1888
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