Legal Opinion

Washington Mutual Insurance v. Merchants & Manufacturers' Mutual Insurance

Ohio Supreme Court

Decided December 15, 1856PublishedCited by 17 opinions

In error to the Superior Court of Cincinnati. The action below was covenant on a sealed policy of reinsurance, by which, on the 26th day of October, 1847, the Washington Mutual Insurance Company insured the Merchants and Manufacturers’ Insurance Company “ against loss or damage, by fire, to the amount of four thousand dollars on $8,000, as insured by them to D. White & Co., on stock of flour, grain, and cooperage, contained in their stone and brick steam flouring mill, with…

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In error to the Superior Court of Cincinnati. The action below was covenant on a sealed policy of reinsurance, by which, on the 26th day of October, 1847, the Washington Mutual Insurance Company insured the Merchants and Manufacturers’ Insurance Company “ against loss or damage, by fire, to the amount of four thousand dollars on $8,000, as insured by them to D. White & Co., on stock of flour, grain, and cooperage, contained in their stone and brick steam flouring mill, with cement roof, and detached from all other buildings, situated in the city of Madison, Indiana, and known as the ‘ City…

1Opinion of the CourtBartley, C. J.

The main question on the merits of this case, in the court below, was, whether a kiln-drying corn meal mill was an ordinary incident to, or a known or usual appendage of, a mill coming under the denomination of a “ steam flouring mill; ” and this was a question of fact for the determination of the jury, under proper instructions from the court. The policy upon which the plaintiff below declared, was a reinsurance for six months, against loss or damage by fire, to the amount of $4,000, on $8,000, as insured by plaintiff below to D. White & Co., on “ stock of flour, grain, *477and cooperage,…

2Cases cited1 opinion

  1. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846

3Cited by17 opinions

  1. Magness v. StateSupreme Court of Arkansas · 1899
  2. Owens-Corning Fiberglas Corp. v. American Centennial Insurance Co.Lucas County Court of Common Pleas · 1995
  3. Germania Fire Insurance v. DeckardIndiana Court of Appeals · 1891
  4. American Continental v. Estate of GerkensOhio Court of Appeals · 1990
  5. Cobb, Stribling & Co. v. Insurance Co. of North AmericaSupreme Court of Kansas · 1877

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