Grubbs v. National Life Maturity Insurance

Citations

• 94 Va. 589
• 27 S.E. 464
• 1897 Va. LEXIS 112

Syllabus

<p>1. Pleading—Declaration on asimple contract—Defence that contract is sealed— Oyer—Demurrer.—Whether a paper declared on as a simple contract is a sealed contract or not cannot be raised by demurrer, but is a matter of fact to be presented at the hearing by proper plea or motion. It cannot be raised by craving oyer and demurring. As a general rule, the right to crave oyer of papers mentioned in a pleading applies only to specialties and to letters of probate and administration, and to deeds only when the party pleading relies upon the direct and intrinsic operation of the deed.</p> <p>2. Corporations—Seal—Evidence of seal.—The mere presence of what purports to be the seal of a corporation impressed upon a contract which is valid and binding without the seal, unaccompanied by evidence that the officers of the company intended to, or did, affix it, is not sufficient to change the apparent character of the contract. It must be shown that the seal is the seal of the corporation and was affixed by its authority, and that it was the intention of the parties that it should be a sealed instrument.</p> <p>3. Motions to Recover Money—Insurance policy—Notice.—A motion may be maintained under sec. 3211 of the Code for a judgment for money on an insurance policy, and the notice takes the place of both the writ and declaration.</p>