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Reports of Cases Decided in the United States for the Fourth Circuit (Volume 3)

Reports of Cases Decided in the United States for the Fourth Circuit (Volume 3)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1880 Excerpt: ... Opinion of the court. assignee. The latter may proceed at once against Rosenbaum. I think this is in accordance with the equity of the case, and with the teaching of the authorities on the subject. United States Circuit Court, District of South Carolina, at Columbia, December Term, 1877. Emanuel Whittle V. Farmville Insurance And Banking Company. Where a local agent of a fire insurance company, after a fire, made out and forwarded for the insured proofs of loss, not entirely in compliance with the requirements of the policy, and the company afterwards objected to paying but on other grounds than such irregularity in the proofs of loss: Held, That the company thereby waived all objections on that score. If the insured is in apprehension of a fire at the time of taking out a policy, but states that he is not, he is not entitled to recover on his policy. If the insured grossly exaggerates the value of his property at the time of taking out his policy, he is not entitled to recover. The burden of proof is upon the insurer to show violation of the conditions of the policy. At the trial of this cause before a jury, at which the jury rendered a verdict for the plaintiff for the amount of $2100 for damages by fire, with interest and costs, the court gave the following instructions or charge to the jury bearing upon the evidence in the cause: BOND, J.--If the jury find from the evidence that the property mentioned in the policy of insurance was totally destroyed by fire, and that Whittle, the insured, within a day or two gave notice of its destruction to the agent of the company from whom he got his policy, and requested him to make out his proofs of loss, which the agent did, but not in conformity to the requirement of the policy; and if they find further that the ...


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Product Details
  • ISBN-13: 9781153889919
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 268
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1153889919
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 535 gr


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