Fire Ass'n of Philadelphia v. Hogwood

Citations

• 82 Va. 342
• 4 S.E. 617
• 1886 Va. LEXIS 40

Syllabus

<p>1. Practice at Common Law—Continuance.—Where a witness, who is an employee of the party asking for a continuance, and acting under that party’s direction, and is a non-resident of this State, and whose attendance the court had no power to compel, is absent, a refusal of a continuance is not improper, especially when the court gave the party ample time to procure his attendance.</p> <p>2. Idem—Special pleas—General issue.—Where non assumpsit had been . pleaded, and the matters set up in the special pleas offered by defendant are provable under that plea, there is no error in rejecting said special pleas. Crews v. Farmers Bank of Virginia, 31 Gratt. 348.</p> <p>3. Idem—Irrelevant evidence.—The rejection of evidence offered by defendant, of executions issued against the plaintiff in other suits, and returned “no effects,” the policy whereon this suit was brought having been taken out for the benefit of a third person named in the policy, is not erroneous, the evidence being irrelevant.</p> <p>4. Idem—Instructions—No evidence.—Instructions not founded on any evidence in the cause, are properly refused.</p> <p>5. Idem—Instructions—evidence.—Where an instruction correctly propounds the law, and there is some evidence tending to prove the case supposed in the instruction, such instruction should be given.</p> <p>6. Idem— Case at bar.—When policy stipulates that broker effecting the insurance, shall be deemed agent of assured, and that if latter had other insurances at time the policy was issued, or afterwards procured, without consent in writing of company endorsed on policy, then the policy shall be void ; and there was evidence tending to show that there was other valid insurance on the property, and that the company’s agent had notice of such insurance; then an instruction to the effect that if the party that effected the insurance was an insurance broker, he must be regarded as the assured’s agent, and that if notice of the other valid insurance was given him, such