Globe Insurance v. Boyle
Ohio Superior Court, Cincinnati
General'Term. — Error to Special Term to reverse the' judgment rendered there against the plaintiff' in error, who was the defendant below. The facts on which the judgment below was rendered were as follows In 1865, Stephen S. Boyle died, seized of four warehouses, numbers 53, 55, 57 and 59, on Columbia street, Cincinnati, between Sycamore street and Broadway.
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General'Term. — Error to Special Term to reverse the' judgment rendered there against the plaintiff' in error, who was the defendant below. The facts on which the judgment below was rendered were as follows In 1865, Stephen S. Boyle died, seized of four warehouses, numbers 53, 55, 57 and 59, on Columbia street, Cincinnati, between Sycamore street and Broadway. By'his last will he made his wife, Elizabeth W. Boyle, executrix, and devised one-half his realty to her and the other half to his children. The wife and children together were the plaintiff's. On the 8th day of January, 1866, a policy…
1Opinion of the CourtStorer, J.
Two questions, it appears to us, if carefully considered and answered, must decide the controversy between the parties.
First. May we not receive evidence to explain the object of the original application for the policy, as well to indicate the extent of the risk, as also to show what the contract between the parties really meant, and what the underwriter • must' have understood it to mean?
The rule as to this point has been very clearly laid 'down by our Supreme Court in Hildebrand v. Fogle, 20 Ohio, 147, and since recognized in a number of eases which we need not refer to. “ In expounding a…
2Cases cited5 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Jones v. ButlerNew York Supreme Court · 1859
- Colburn v. LansingNew York Supreme Court · 1866
- Requa v. HolmesNew York Court of Appeals · 1863