Fidelity & Casualty Co. of New York v. Sanders
Indiana Court of Appeals
From Vermillion Circuit Court; A. F. White, Judge. Action by Flora Sanders against the Fidelity & Casualty Company of JSTew York. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRobinson, J.
Suit by appellee upon a policy insuring against loss by burglary. Trial by court, and finding and judgment for appellee. Errors are assigned on overruling a demurrer to each of the two paragraphs of complaint, sustaining a demurrer to the second and third paragraphs of answer, and the refusal of a new'trial.
Against the sufficiency of each paragraph of the complaint it is argued that it is not averred that appellee had performed all the conditions on her part to be performed, nor are facts pleaded sufficient to constitute an excuse for their nonperformance. The averment in each paragraph is…
2Cases cited18 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Pickel v. Phenix InsuranceIndiana Supreme Court · 1889
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- United States Health & Accident Insurance v. ClarkIndiana Court of Appeals · 1908
- Ferguson v. Phoenix Assurance Co.Supreme Court of Kansas · 1962
- Aetna Life Insurance v. FitzgeraldIndiana Supreme Court · 1905
- Inter-Ocean Casualty Co. v. WilkinsIndiana Court of Appeals · 1932
21 more not listed; retrieve them via the Exa API.