Cases Adjudged in the Supreme Court of Florida Volume 47

Cases Adjudged in the Supreme Court of Florida Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...that the total insurance on the building was $3,000, consisting of the policy in suit "and a like policy of insurance for the sum of fifteen hun Hartford Fire Ins. Co. v. Redding et al.--Opinion of Court. dred dollars issued to the plaintiff Ida H, Redding on the said building by the Home Insurance Company of 'New York City, at its Monticello, Florida, agency, numbered 328, dated April 18th, 1900, and expiring April 18th, A. D. 1901, of all which the defendant had due notice and proof." There are other allegations in the declaration which need not be noticed further than to say that attorneys' fees were claimed under the statute hereafter referred to. The policy was attached to and made a part of the declaration_. The defendant filed its motion to strike those allegations of the declaration claiming attorneys' fees upon the grounds: 1. There is no law authorizing such recovery. 2. There is no law which required defendant to pay attorneys' fees before suit brought and prosecuted. 3. There is no law authorizing plaintiff to demand such fees before suit brought and prosecuted, consequently there can be no failure to pay on which to predicate a demand and refusal. This motion was overruled, and the ruling is assigned as error. The court at the trial instructed the jury to find for the plaintiff an additional sum as attorneys' fees to be fixed at such reasonable amount as was shown by the evidence. This instruction was excepted to and is also assigned as error. The recovery of attorneys' fees in cases of this character is authorized by chapter 4173, act approved June 3rd, 1893. It is contended that the statute is unconstitutional, but this court held otherwise in Tillis 71. Liverpool 6' London r...
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Product details

  • Paperback | 154 pages
  • 189 x 246 x 8mm | 286g
  • United States
  • English
  • black & white illustrations
  • 1236883284
  • 9781236883285