Reports of Cases Argued and Determined in Ohio Courts of Record; Weekly Law Bulletin Volume 8

Reports of Cases Argued and Determined in Ohio Courts of Record; Weekly Law Bulletin Volume 8

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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. 1898 edition. Excerpt: ...shall contribute to the payment of the loss, the actual loss, in the proportion which the amount of its policy bears to the entire amount of insurance. To say that it means to contribute to the payment of the loss considering it as fixed by the entire amount of insurance, in the proportion of the amount of its insurance to all the insurance, is simply a round about way of saying that it must pay the entire amount of its policy, no matter how many policies there may be, because the proportion of its policy to all the insurance will always be the amount of its policy; the legislature must have meant something by inserting this clause; and I am unable to see any other meaning to it than that it was not intended to provide that where there is more than one policy, each company shall pay the entire amount mentioned in its policy; in other words that where there is more than one uolicv. the amount named in each is not made conclusive. And that being the case, it follows, upon the state of the pleadings, it being admitted by no reply being filed to the answer, that this clause lias never been waived, and it being valid, because it provides only for an appraisement of the amount of loss and not of the question of liability, that the action was prematurely brought, and the motion for the new trial will have to be granted, the verdict set aside, and the petition dismissed. Win. Ramsey, for plaintiff. J. Wm. Johnson, for defendant. 342 JURISDICTION--APPEALS. Hamilton Common Pleas Court, 1882. tBTSHOP v. BASCOE et a!. 1. In a petition on appeal from a justice, judgment being asked for more than was asked below, and more than the justice had jurisdiction over, this will be reached by demurrer to the answer, on the ground that it searches the record, but more

Product details

  • Paperback | 504 pages
  • 189 x 246 x 26mm | 889g
  • English
  • Illustrations, black and white
  • 1236506731
  • 9781236506733