Western Assurance Co. v. Ray
Court of Appeals of Kentucky
Case 67 — ACTION ON INSURANCE POLICY 1. The court below erred in overruling the defendant’s demurrer to the petition. The statement that the property was burned covered by said policy is a mere legal, conclusion. 2. For similar reasons, the court below erred in refusing on appellant’s motion to peremptorily instruct the jury to find for the defendant. 3. The lower court also erred in pennitting the plaintiffs over defendant’s objection to introduce evidence of the fact that…
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Case 67 — ACTION ON INSURANCE POLICY 1. The court below erred in overruling the defendant’s demurrer to the petition. The statement that the property was burned covered by said policy is a mere legal, conclusion. 2. For similar reasons, the court below erred in refusing on appellant’s motion to peremptorily instruct the jury to find for the defendant. 3. The lower court also erred in pennitting the plaintiffs over defendant’s objection to introduce evidence of the fact that some of the insurance companies other than the appellant had arbitrated this loss with the plaintiffs and had paid in…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This action was instituted by Ray & Company, tobacco warehousemen and commission merchants, to recover on three policies of insur*526anee, aggregating $4,000, by which appellant insured appellees for the term of one' year against loss or damage by fire to “tobacco in hogsheads and packages, and samples of same therein, or- that of others, where they may be legally liable, while contained in the composition brick warehouse building, occupied as á sales warehouse, situate at Nos. 803 to 811 West Main street, Louisville, Ky.”
Within the time covered by…
2Cases cited3 opinions
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Drake's Adm'r v. SemoninCourt of Appeals of Kentucky · 1884
- Bentley v. BustardCourt of Appeals of Kentucky · 1855
3Cited by14 opinions
- Chesapeake & Ohio Ry. Co. v. ConleyCourt of Appeals of Kentucky · 1910
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Campbell v. Great Lakes Insurance Co.Michigan Supreme Court · 1924
- Security Insurance Company v. RosenbergCourt of Appeals of Kentucky (pre-1976) · 1928
- Connecticut Fire Insurance v. Union Mercantile Co.Court of Appeals of Kentucky · 1914
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