Legal Opinion

Hamilton v. Liverpool, London & Globe Insurance

Supreme Court of the United States

Decided May 19, 1890No. 326PublishedCited by 167 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE SOUTHERN DISTRICT OE OHIO. This was an action upon a policy of insurance, numbered 2,907,224, against fire for a year from September 5,1885, upon a stock of tobacco in the plaintiff’s warehouse at 413 and 415 Madison Street in Covington in the State of Kentucky.

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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE SOUTHERN DISTRICT OE OHIO. This was an action upon a policy of insurance, numbered 2,907,224, against fire for a year from September 5,1885, upon a stock of tobacco in the plaintiff’s warehouse at 413 and 415 Madison Street in Covington in the State of Kentucky. Among the' printed “ conditions relating to the methods of adjustment of loss and the payment thereof,” were the following: . . The tenth condition, after provisions relating to proofs of loss, certificate of .a magistrate, submission to examination on oath, and production of…

1Opinion of the CourtJustice Gray

The conditions of the policy in suit clearly and unequivocally manifest the intention and agreement of the parties to the contract of insurance that any difference arising between them as to the amount of loss or damage of the property insured shall be submitted,’ at the request in writing of either party, to.the appraisal of competent and impartial persons, to be chosen as therein provided, whose award shall be conclusive as to the amount of such loss or damage only, and shall not determine the question of the liability of the company; that the company shall have the right to take the whole…

2Cases cited8 opinions

  1. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  2. United States v. RobesonSupreme Court of the United States · 1835
  3. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  4. Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
  5. Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886

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3Cited by167 opinions

  1. Hyde v. United StatesSupreme Court of the United States · 1912
  2. Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
  3. Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
  4. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  5. Hardware Dealers Mutual Fire Insurance v. Glidden Co.Supreme Court of the United States · 1931

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