Miller v. Insurance Co.
West Virginia Supreme Court
This was a supersedeas to a judgment of the circuit court of Ohio county, rendered on the 15th day of December, 1873, granted by a Judge of this Court, on the Petiti°n of tbc Franklin Insurance Company, the de-below. The action was instituted in the name M Isaac Miller, on the 28th day of May, 1872, who sued for himself and for the use of Luther E. Magee, David McConnell and L. V. Applegate, “ lat.e owners of the steamboat called ‘Wash.
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This was a supersedeas to a judgment of the circuit court of Ohio county, rendered on the 15th day of December, 1873, granted by a Judge of this Court, on the Petiti°n of tbc Franklin Insurance Company, the de-below. The action was instituted in the name M Isaac Miller, on the 28th day of May, 1872, who sued for himself and for the use of Luther E. Magee, David McConnell and L. V. Applegate, “ lat.e owners of the steamboat called ‘Wash. Sentell.’” The action was in form assumpsit, upon a policy of insurance, No. 972, issued by the defendant Company to the plaintiff Miller, whereby an…
1Opinion of the Court
Hayjiond, President :
The action in this case is trespass on the case in as-sumpsit, founded on a policy of insurance made by the defendant (the Insurance Company) to the plaintiff on account of the then owners of the steamboat “ Wash Sen-tell,” in the sum of $2,000, upon said steamboat from the 24th day of October, 1871, at noon, to noon of the 24th day of October, 1872, with permission to navigate the Mississippi and tributaries, except the Missouri and Arkansas rivers. The defendant appeared by its counsel at a circuit court of the count}1- of Ohio (in which the suit was brought and…
2Cases cited4 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Hall v. . NaylorNew York Court of Appeals · 1859
- McAllister v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
3Cited by17 opinions
- Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
- Garrett v. RamseyWest Virginia Supreme Court · 1885
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Fowler v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
- Hefflebower v. DetrickWest Virginia Supreme Court · 1885
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