Spring Garden Mutual Insurance v. Evans ex rel. Riley
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Covenant brought ou the 8th of September 1849, by the appellee against the appellant upon a fire insurance policy issued by the appellant to Evans upon a stock of goods and shop fixtures in a store in Winchester, Virginia. Pica non infregit. This is the second appeal in the case. The former appeal is reported in 9 Md.
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Appeal from the Superior Court of Baltimore city. Covenant brought ou the 8th of September 1849, by the appellee against the appellant upon a fire insurance policy issued by the appellant to Evans upon a stock of goods and shop fixtures in a store in Winchester, Virginia. Pica non infregit. This is the second appeal in the case. The former appeal is reported in 9 Md. Rep., 1, she loss by fire occurred on the 20th of March 1849, and on the next day Evans assigned the policy to Riley. The policy contains the usual clause relating to preliminary proof. The plaintiff alleged that such proof Was…
1Opinion of the CourtLe Grand, C. J.
This case was before this court at .Tune term 1856, and the decision then given must control the one now to bo made, the record not having boon materially altered as to its facts. We regret this because, there is nothing appearing in the evidence from which we can infer there had been any concealment or fraud on the part of the insured or his assignee. But this case, like all others, is to be made out by legal evidence, and this, in our opinion, has not been done,
At the former trial it was held by this court, that: there was no waiver of preliminary proof, and. that the refusal- of the…
2Cases cited2 opinions
- Spring Garden Mutual Insurance v. Evans ex rel. RileyCourt of Appeals of Maryland · 1856
- Martin v. GoodCourt of Appeals of Maryland · 1859
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- Maxwell's Executors v. WilkinsonSupreme Court of the United States · 1885
- Dodge v. BacheSupreme Court of Pennsylvania · 1868
- Swartz v. ChickeringCourt of Appeals of Maryland · 1882
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