Welch v. Insurance Co.
West Virginia Supreme Court
GREEN, Judge, furnishes 'the following statement of the case: At the October rules, 1879, D. B. Welch filed his declaration in assumpsit in the municipal court of Wheeling against the Franklin Insurance Company, in which it was stated that the defendant on February 27, 1879, made a policy of insurance, whereby for a valuable consideration, stated, the said defendant insured the plaintiff “against loss or damage by fire to the amount of eight thousand five hundred dollars on…
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GREEN, Judge, furnishes 'the following statement of the case: At the October rules, 1879, D. B. Welch filed his declaration in assumpsit in the municipal court of Wheeling against the Franklin Insurance Company, in which it was stated that the defendant on February 27, 1879, made a policy of insurance, whereby for a valuable consideration, stated, the said defendant insured the plaintiff “against loss or damage by fire to the amount of eight thousand five hundred dollars on his (the said plaintiff’s) stock of wool contained in the one and one half story frame shingle roof building situate in…
1Opinion of the Court
GrREEN, JuDSB :
In this case there was a demurrer to the declaration. I presume, however, it was put in by the defendant’s counsel, only as a matter of precaution, that no possible injury should be sustained by their client through their fault. They have in their arguments in this Court pointed out no errors or faults in this declaration. I have examined it and find it very full; but, so far as I can perceive, there is no error in it. It appears to be well drawn and to contain in it every allegation, which if proven would entitle the plaintiff: to recover what he demands. The municipal court…
2Cases cited4 opinions
- State v. CainWest Virginia Supreme Court · 1882
- Emmons v. Westfield BankMassachusetts Supreme Judicial Court · 1867
- Hansbrough v. StinnettSupreme Court of Virginia · 1874
- Lewis v. HodgdonSupreme Judicial Court of Maine · 1840
3Cited by23 opinions
- Schmunk v. StateWyoming Supreme Court · 1986
- Overton v. FieldsWest Virginia Supreme Court · 1960
- Chambers v. StateWyoming Supreme Court · 1986
- Strickland v. StateSupreme Court of Georgia · 1928
- State v. WilsonSupreme Court of Kansas · 1961
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