Tillis v. Liverpool & London & Globe Insurance
Supreme Court of Florida
This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Alachua county. Statement. In August, 1897, plaintiff in error began an action against defendant in error in the Circuit Court of Alachua county.
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This case was decided by the court Bn Banc. Writ of error to the Circuit Court for Alachua county. Statement. In August, 1897, plaintiff in error began an action against defendant in error in the Circuit Court of Alachua county. The declaration, containing one count, alleged that defendant issued its policy of insurance under seal to plaintiff, whereby it insured plaintiff in the sum of $1,800 against loss or damage by fire, upon his stock of general merchandise while contained in a certain store building at Rochelle, for the period of one year from September 7, 1896. The declaration set…
1Opinion of the CourtCarter, J.
(after stating the facts). — I. The amendment of the declaration merely enlarged the claim for damages to be recovered, so as to include attorneys’ fees, without the addition of a single allegation as to plaintiff’s right to recover upon the cause of action alleged in the declaration. The demurrer to this amendment was based solely upon the alleged unconstitutionality of the statute purporting to authorize the recovery of attorneys’ fees. A demurrer does not lie to a declaration because it claims other or greater damages than the case made legally entitles the plaintiff to recover, demurrer…
2Cases cited26 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Cotton States Life Insurance v. EdwardsSupreme Court of Georgia · 1884
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
21 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
33 more not listed; retrieve them via the Exa API.