Johnson & Co. v. Connecticut Fire Ins.
Court of Appeals of Kentucky
Case 64 — PETITION EQUITY APPEALS FROM DAVIESS CIRCUIT COURT. 1. The petition, as amended, presented no cause of action against the Springfield Insurance Company. The amended petition refers to the Springfield Fire Insurance Company, while the caption of the original petition has Springfield Insurance Company.
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Case 64 — PETITION EQUITY APPEALS FROM DAVIESS CIRCUIT COURT. 1. The petition, as amended, presented no cause of action against the Springfield Insurance Company. The amended petition refers to the Springfield Fire Insurance Company, while the caption of the original petition has Springfield Insurance Company. (Kelly v. Owensboro Savings Bank, MS. Op., Nov. 2, 1875.) 2. It was error to render judgment against the Springfield Insurance Company, as its answer presented a defense, and there was no reply. N or was it even given an opportunity to sustain its defense by evidence, as the cause was…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
W. S. Johnson & Co. were engaged in buying and - handling tobacco in their stemmery in the city of Owensboro, Ky. On the 26th day of August, 1880, this stemmery, together with a large quantity of tobacco, was destroyed by fire. They brought suit in the Daviess Circuit Court against the Lancashire, Phoenix, Springfield, Franklin, Insurance Company of North America, Lorillard, Liverpool and London and Globe, and Imperial and Northern Insurance Companies, claiming that they, at the time of said fire, held actual insurance, and a parol contract for…
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