Fire Ass'n v. Allesina
Oregon Supreme Court
From Multnomah: John B. C-leland, Judge. In 1903, the defendant, John Allesina, brought an action at law against the plaintiff, the Fire Association of Philadelphia, a private corporation, to recover on a policy of insurance for $2,000, covering loss or damage by fire to a stock of umbrellas and parasols belonging to him in the City of Portland.
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From Multnomah: John B. C-leland, Judge. In 1903, the defendant, John Allesina, brought an action at law against the plaintiff, the Fire Association of Philadelphia, a private corporation, to recover on a policy of insurance for $2,000, covering loss or damage by fire to a stock of umbrellas and parasols belonging to him in the City of Portland. The complaint, after alleging the incorporation of the plaintiff and the issuance of the policy, averred that on the 28th of April, 1903, the property covered thereby was destroyed and damaged by fire; that at the time there was $11,500 concurrent…
1Opinion of the CourtJustice Bean
It is conceded that the cross-bill states, facts sufficient to entitle the plaintiff in an independent suit to a decree setting aside and annulling the award of the appraisers selected by the company and the assured to determine the amount of the loss; but the contention is that, because the company answered in the law action brought against it by Allesina on the policy of insurance, setting up facts which, if true, would avoid the policy, it is not entitled to file a cross-bill to cancel the award.
1. There are two issues presented in the action at law: (1) The validity of the policy and the…
2Cases cited12 opinions
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Dolph v. BarneyOregon Supreme Court · 1874
- Hatcher v. BriggsOregon Supreme Court · 1876
- Spaur v. McBeeOregon Supreme Court · 1890
- Hill v. CooperOregon Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Bowsman v. AndersonOregon Supreme Court · 1912
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Dixie Fire Insurance v. American Confectionery Co.Tennessee Supreme Court · 1910
- Cohn v. WemmeOregon Supreme Court · 1905
9 more not listed; retrieve them via the Exa API.